Rose v Amaca Pty Limited (ACN 000 035 512) (under NSW administered winding up) [2019] NSWDDT 10

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Rose v Amaca Pty Limited (ACN 000 035 512) (under NSW administered winding up) [2019] NSWDDT 10 Hearing dates: 29 October 2019 Date of orders: 01 November 2019 Decision date: 01 November 2019 Before: Scotting J Decision: (1) I confirm my Orders of 29 October 2019 relating to the agreed categories. (2) I direct the parties to bring in Short Minutes of Order in accordance with these reasons that the Sixth Defendant provide verified discovery of the disputed categories (as determined by these Reasons) on or before 5pm on 26 November 2019, or such other time as the Tribunal may allow. (3) I will hear the parties on costs. (4) Matter is listed on 4 November 2019 at 10am to deal with the issue of costs. Catchwords: DUST DISEASES — Dust Diseases Tribunal — discovery – facts in issue Legislation Cited: Civil Liability Act 2002 (WA). Uniform Civil Procedure Rules 2005 Cases Cited: Hunter New England Local Health District v Munters Pty Limited [2018] NSWSC 788 Sullivan v Moody (2001) 2017 CLR 562 Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 75 NSWLR 649 Category: Procedural and other rulings Parties: Ruth Rose (Plaintiff) Amaca Pty Limited (First Defendant) Seltsam Pty Ltd (Second Defendant) CSR Limited (Third Defendant) Midalco Pty Limited (Fourth Defendant) Shire of Asburton (Fifth Defendant) The State of Western Australia (Sixth Defendant) Insurance Australia Limited (Seventh Defendant) Representation: Counsel: J T Rush QC with S Tzouganatos (Plaintiff) G Parker SC with T Moisidis (Sixth Defendant)