Jackson v Bluescope Steel Limited & Anor [2011] NSWDDT 2

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Jackson v Bluescope Steel Limited & Anor [2011] NSWDDT 2 Hearing dates: 8 March 2011 Decision date: 22 March 2011 Before: Kearns J Decision: Pursuant to Part 1 Rule 1.12 of the UCPR 2005 (NSW), the time within which Bluescope is to file a cross-claim against Allianz is extended to Friday, 25 March 2011. Bluescope is granted leave to file and serve a statement of cross-claim in the form annexed to its notice of motion filed in Court on 8 March 2011. Catchwords: Dust diseases; cross claim on insurance policy; application for extension of time to file cross claim made after plaintiff's case proceeded to judgment; wither power in Tribunal to extend time; whether Tribunal ought to extend time Legislation Cited: Dust Diseases Tribunal Act 1989 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Seltsam Pty Limited v Energy Australia [1999] NSWCA 89; Re Home, Overall Forge Pty Ltd v Wallaby Grip Ltd (19 September 1997, unreported); Sarkem Pty Ltd v CSR Ltd, re Weismantel [2008] NSWDDT 39 Category: Procedural and other rulings Parties: Margaret Jackson as legal representative of Youden Richard Jackson (Deceased) Bluescope Steel Limited BHP Billiton Limited Representation: Mr T G R Parker SC, instructed by Piper Alderman, appeared for Bluescope Steel Limited. Mr G F Little SC with Mr D C Morgan, instructed by Ellison Tillyard Callanan, appeared as amicus curiae. File Number(s): DDT 6166/2006