BHP Billiton Limited v Registrar of The Dust Diseases Tribunal of New South Wales [2010] NSWSC 562

New South Wales Supreme Court

CITATION : BHP Billiton Limited v Registrar of The Dust Diseases Tribunal of New South Wales [2010] NSWSC 562

HEARING DATE(S) : 13 May 2010

JUDGMENT DATE : 2 June 2010

JUDGMENT OF : Price J at 1

DECISION : 1 I declare the third defendant's application for assessment of party/party costs filed on 18 September 2009 is not a proper application for costs assessment under s 353(1) LPA to be dealt with under Division 11 of Part 3.2 LPA.2 I declare the first defendant's referral of the costs application to the second defendant under s 357 LPA to be invalid. 3 I make an order pursuant to s 69 Supreme Court Act quashing the decision of the first defendant to refer the costs application to the second defendant under s 357 LPA. 4 I make an order pursuant to s 69 Supreme Court Act prohibiting the second defendant from dealing with the costs application under the LPA. 5 The First Cross-Claim filed by the third defendant on 8 February 2010 be dismissed. 6 I shall hear the parties as to costs.

CATCHWORDS : PRACTICE AND PROCEDURE - declaratory relief - cross-vested proceedings - costs assessment - construction of s 353(1) Legal Profession Act - whether general rule of statutory construction applies - whether section applies to order for costs by District Court of South Australia - whether sufficient connection when legal work carried out in New South Wales - whether full faith and credit should be given to judgment of Master of District Court of South Australia - whether proceedings should be finalised

Commonwealth of Australia Consitution Act s 118 Dust Diseases Tribunal Act 1989 s 10(1), s 11, s 12 Evidence Act 1995 s 185 Interpretation Act 1987 s 12(1), s 12(1)(a), s 12(1)(b) LEGISLATION CITED : Jurisdiction of Courts (Cross-Vesting) Act 1987 s 5 Legal Profession Act 2004 s80, s 350, s 353, s 353(1), s 357, s 364(3), s 367A, s 368(5), s 396(1) Supreme Court Act 1970 s 23, s 63, s 69 Service and Execution of Process Act 1992 (Cth)