Peter Neville Crowe v Amaca Pty Limited & Ors [2019] NSWDDT 1

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Peter Neville Crowe v Amaca Pty Limited & Ors [2019] NSWDDT 1 Hearing dates: 4 March 2019 Date of orders: 05 March 2019 Decision date: 05 March 2019 Before: Strathdee J Decision: (1) I grant leave pursuant to Regulation 19.1 of the Uniform Civil Procedure Rules 2005 to the defendant/cross-claimant, Amaca Pty Limited, to file an Amended Statement of Cross-Claim in the form attached to the Notice of Motion. (2) I grant leave pursuant to s 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 NSW to the defendant/cross-claimant, Amaca Pty Limited, to commence proceedings by way of the filing of a First Cross-Claim, Statement of Cross-Claim against the Workers Compensation Nominal Insurer. (3) The costs of the applicant/cross-defendant on the motion be the applicant/cross-defendant's costs in the cause. Catchwords: Dust Diseases Tribunal – Insurance – Application for Leave to Proceed Against an Employer's Insurer – Finding of Fact Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 NSW Law Reform (Miscellaneous Provisions) Act NSW 1946 Uniform Civil Procedure Rules 2005 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1988 Cases Cited: McIlvain v The Council of the Shire of Gunnedah CA 40555/97; CC2183/96 Oswald & Anor v Bailey & Ors (1987) 11 NSWLR 715 State of New South Wales v AXA Insurance Australia Limited (formerly known as Union Des Assurances De Paris IARD) [2002] NSWCA 63 Category: Procedural and other rulings Parties: Peter Neville Crowe (Plaintiff) Amaca Pty Limited (ACN 000 035 512) (under NSW administered winding up) (Defendant, Cross-Claimant) New South Wales Land and Housing Corporation (First Cross-Defendant) QBE Insurance (Australia) Ltd (Second-Cross-Defendant) Workers Compensation Nominal Insurer (proposed cross-defendant) Representation: Counsel: J. Sheller (Defendant and Cross-Claimant ) J. Sharpe (Workers Compensation Nominal Insurer)