(Re Sheppard) Bluescope Steel (AIS) Pty Ltd v Amaca Pty Ltd [2008] NSWDDT 14

(Re Sheppard) Bluescope Steel (AIS) Pty Ltd v Amaca Pty Ltd [2008] NSWDDT 14

Clause 16 of the Dust Diseases Tribunal Regulation 2007 does not apply to the present cross-claim because the clause refers to claims commenced by statement of claim, and the reasoning in Delta Electricity v Power Technologies was adopted that a cross-claim is not commenced by statement of claim.

Jurisdiction
Australia
Judgment Date
19 May 2008
Procedural Posture
Cross Claim in the Dust Diseases Tribunal of New South Wales / Ruling on the Cross Defendant's Application for a Declaration That the Cross Claim Is Not Subject to the Claims Resolution Process
Outcome
Declaration made that the cross-claim is not subject to Part 4 of the Dust Diseases Tribunal Regulation 2007.
Legal Topics
['claims Resolution Process' 'cross Claims' 'transitional Provisions' 'dust Diseases Tribunal Regulation 2007']
['dust Diseases' 'civil Procedure' 'statutory Interpretation'] ['claims Resolution Process' 'cross Claims' 'transitional Provisions' 'dust Diseases Tribunal Regulation 2007']

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Procedural Posture

Cross Claim in the Dust Diseases Tribunal of New South Wales / Ruling on the Cross Defendant's Application for a Declaration That the Cross Claim Is Not Subject to the Claims Resolution Process

Legal Issues

  1. 1 ['Whether the cross-claim brought by Bluescope Steel (AIS) Pty Ltd against Amaca Pty Ltd is subject to the Claims Resolution Process established by Part 4 of the Dust Diseases Tribunal Regulation 2007.' 'What meaning should be ascribed to the words "the following claims" in cl 16 of the Dust Diseases Tribunal Regulation 2007, and whether that expression includes cross-claims.']

Ratio Decidendi

Clause 16 of the Dust Diseases Tribunal Regulation 2007 does not apply to the present cross-claim because the clause refers to claims commenced by statement of claim, and the reasoning in Delta Electricity v Power Technologies was adopted that a cross-claim is not commenced by statement of claim.

Court Disposition

Declaration made that the cross-claim is not subject to Part 4 of the Dust Diseases Tribunal Regulation 2007.

Orders

  • ['The cross-claim brought by Bluescope Steel (AIS) Proprietary Limited against Amaca Proprietary Limited in respect of damages paid to William Sheppard is not subject to Pt 4 of the Dust Diseases Tribunal Regulation 2007.' "Costs the defendant's costs in the cause." 'For directions Monday 26 May 2008.']