Daniel Carl Donebus, Manuel John Donebus and Sandra Maria Weston as Executors for the Estate of the late Carlo Donebus v Comcare and Others [2017] NSWDDT 3

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Daniel Carl Donebus, Manuel John Donebus and Sandra Maria Weston as Executors for the Estate of the late Carlo Donebus v Comcare and Others [2017] NSWDDT 3 Hearing dates: 23 May, 6, 13, 20 June 2017 Date of orders: 20 June 2017 Decision date: 20 June 2017 Before: Judge AC Scotting Decision: 1 The consent judgment filed on 6 April 2017 is set aside. 2 The notice of motion is otherwise dismissed. 3 Amaca is to pay Comcare's costs of the motion relating to order 1 on the ordinary basis. Catchwords: DUST DISEASES – plaintiff- claims resolution process – mesothelioma - asbestos PRCEDURAL – notice of motion – setting aside of consent judgment – costs – cost of mediation – regulation – power of mediator to excuse parties from attendance at mediation – contributions assessment – determination OTHER – successful party – definition – power to award costs – appropriate order Legislation Cited: Civil Procedure Act 2005 s.26 Dust Diseases Tribunal Act 1989 Dust Diseases Tribunal Regulation 2013 Cl 18, 32(4), 34(1), 38(2), 40(1), 40(2), 40(2)(a), 40(4), 50, 56 Dust Diseases Tribunal Regulation 2007 Cl 46(3) Cases Cited: Cockatoo Dockyard Pty Limited v Campbell [2001] NSWCA 468 Stewart v QBE Insurance (Australia) Limited [2008] NSWDDT 32 Broers v Australian Co-operative Foods Limited [2008] NSWDDT 38 Woodford v Bluescope Steel [2007] NSWDDT 16 Category: Procedural and other rulings Parties: Comcare (First Defendant/ Applicant) Amaca Pty Ltd (Formerly James Hardie & Co Pty Ltd) T/AS Amaca Pty Ltd (Third Defendant/ Respondent) Representation: Counsel: