BHP Billiton Limited v McKensey [2014] NSWDC 210

District Court New South Wales

Medium Neutral Citation: BHP Billiton Limited v McKensey [2014] NSWDC 210 Decision date: 27 October 2014 Before: Neilson DCJ Decision: Summons dismissed Catchwords: SUMMONS - Defendant previously applied for medical panel certificate in respect of boilermakers deafness - Plaintiff sought to strike out defendant's application for further medical panel - Different employers Legislation Cited: Workers Compensation Act 1987 (NSW), s 72 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 122(2) Category: Principal judgment Parties: BHP Billiton Limited (Plaintiff) Bruce R McKensey (Defendant) Representation: Counsel Mr M Best (Plaintiff) Mr D Stanton (Defendant) File Number(s): RJ454/14 Publication restriction: No

Judgment 1HIS HONOUR: This is a summons which was filed by BHP Billiton Ltd on 16 September 2014. The primary relief sought in the summons is that the application for a medical panel filed by the defendant worker, being RJ361 of 2014, be struck out. Briefly, the worker's employment history is this: Period Employer's name January 1966 - December 1969 Apprentice fitter and turner Stewart and Lloyds Newcastle January 1970 January 1971 Burwood Colliery BHP Northern Collieries January 1974 - May 1989 A number of different collieries, the last being West Wallsend Colliery BHP Northern Collieries May 1989 - May 1990 A private company of which the plaintiff and his wife were the sole shareholders and directors contracting to ACIRL as an underground mining consultant May 1990 - July 1999 Chief Inspector of Coal Mines Department of Mineral Resources July 1990 - June 2007 Consultant Mining Engineer for less than ten hours per week McKensey Mining Services Pty Ltd