(Re Chapman) State Rail Authority of New South Wales v Amaca Pty Limited & Anor (No. 3) [2004] NSWDDT 31

(Re Chapman) State Rail Authority of New South Wales v Amaca Pty Limited & Anor (No. 3) [2004] NSWDDT 31

The earlier conclusion in SRA New South Wales v Wallaby Grip did not preclude the Tribunal from receiving the 1927 report extract in the present proceedings, and the evidence was ruled admissible.

Jurisdiction
Australia
Judgment Date
01 June 2004
Procedural Posture
Cross Claim in Dust Diseases Tribunal Proceedings / Evidentiary Ruling on Admissibility
Outcome
Evidence ruled admissible.
Legal Topics
['admissibility of Documentary Evidence' 'asbestos Exposure' 'prior Findings Concerning Actual Knowledge of Asbestos Dust Dangers']
['evidence' 'dust Diseases Litigation'] ['admissibility of Documentary Evidence' 'asbestos Exposure' 'prior Findings Concerning Actual Knowledge of Asbestos Dust Dangers']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Cross Claim in Dust Diseases Tribunal Proceedings / Evidentiary Ruling on Admissibility

Legal Issues

  1. 1 ['Whether an extract of the 1927 report of the Director-General of Health should be admitted notwithstanding an objection that similar material had been considered in SRA New South Wales v Wallaby Grip.']

Ratio Decidendi

The earlier conclusion in SRA New South Wales v Wallaby Grip did not preclude the Tribunal from receiving the 1927 report extract in the present proceedings, and the evidence was ruled admissible.

Court Disposition

Evidence ruled admissible.

Orders

  • ['The evidence is admissible.']