Durno v Coal Mines Insurance Pty Ltd; (ACN 000 011 727) [2018] NSWDDT 7

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Durno v Coal Mines Insurance Pty Ltd; (ACN 000 011 727) [2018] NSWDDT 7 Hearing dates: 19 July 2018 Date of orders: 23 July 2018 Decision date: 23 July 2018 Before: Scotting J Decision: (1) The separate question set out in [2] of this judgment should be answered, 'No'. (2) The plaintiff is granted leave to continue the proceedings against the defendant on the cause of action pleaded in the Statement of Claim. (3) Costs of the plaintiff's Notice of Motion are to be costs in the cause. (4) The defendant is to pay the plaintiff's costs of the Notice of Motion relating to the separate question, on the ordinary basis, as agreed or assessed. Catchwords: DUST DISEASES – plaintiff – coal CIVIL PROCEDURE – leave to continue proceedings CONTRACTS – construction – interpretation – whether deed of release barred claim for damages in respect of dust diseases OTHER – coal miner – prior work injury compensation claim settled – redemption of employer's liability – deed of release barred future claims Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 Workers Compensation Act 1987 Cases Cited: BCCL v Ali [2001] 1 All ER 961 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Grant v John Grant and Sons Pty Ltd (1954) 91 CLR 112 Iletrait Pty Limited v McInnes (NSWCA, 17 April 1997, unreported) Investors Compensation Scheme v West Bromich Building Society [1998] 1 WLR 896 Karam v ANZ Banking Group Limited & Ors [2001] NSWSC 709 Salkeld v Vernon [1758] EngR 153 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Upper Hunter County District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429 Western Export Services Inc v Jireh International Pty Ltd [2011] HCA 45 Texts Cited: Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: James Durno v Coal Mines Insurance Pty Ltd (ACN 000 011 727) Representation: Counsel: Mr G Parker SC (Plaintiff) Mr T Rowles (Defendant)