Daniel Smith, Aaliyah Ingram and Thomas Smith by their tutor Eva Coe v NSWL&HC [2019] NSWDDT 4

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Daniel Smith, Aaliyah Ingram and Thomas Smith by their tutor Eva Coe v NSWL&HC [2019] NSWDDT 4 Hearing dates: 21 & 22 March 2019 Date of orders: 22 March 2019 Decision date: 22 March 2019 Before: Strathdee J Decision: (1) Defence to Statement of Claim filed 2 August 2018 is struck out pursuant to s 61(3)(c) of the Civil Procedure Act 2005 and r 12.7 of the Uniform Civil Procedure Rules 2005.

(2) Judgment against the defendant on the question of liability and the matter will now proceed as an assessment of damages.

(3) The defendant to pay the plaintiffs' costs of and incidental to this strikeout application. Catchwords: CIVIL – interlocutory proceedings – discovery – interrogatories – failure to comply with court orders Legislation Cited: Civil Procedure Act 2005 Compensation to Relatives Act 1897 (NSW) Dust Diseases Tribunal Rules Supreme Court Rules 1970 Uniform Civil Procedure Rules (NSW) 2005 Category: Procedural and other rulings Parties: Daniel Jessie Nathan Smith, Aaliyah Evan Frances Ingram and Thomas Watson Smith by their tutor Eva Coe (Plaintiffs)

New South Wales Land and Housing Corporation (Defendant) Representation: Counsel: Mr Parker SC with Ms Moisidis (for the Plaintiffs) Mr Rundle (for the Defendant)

Solicitors: Maurice Blackburn Lawyers (for the Plaintiffs) Moray & Agnew (for the Defendant) File Number(s): DDT283 of 2017