(Re Zunic) BHP Billiton v Commonwealth of Aust and Ors [2007] NSWDDT 15

The paragraphs of the defence in question raise triable issues of fact and do not warrant being struck out at this stage.

Parties: Cross Claimant: BHP Billiton Ltd T/as The Whyalla Ship Building and Engineering Works; First Cross Defendant: Commonwealth of Australia; Second Cross Defendant: Newbrook Insulation Company Pty Ltd (In Liquidation); Third Cross Defendant: Newton Brooks Insulation Company Pty Ltd (In Liquidation); Fourth Cross Defendant: Newbrook (Whyalla) Pty Ltd (In Liquidation)
Jurisdiction: Australia
Judgment Date: 01 August 2007
Procedural Posture: Notice of Motion / Ruling on Motion to Strike Out Part of Defence
Outcome: Notice of Motion dismissed
Legal Topics: Negligence, Strike Out of Pleading, Dust Diseases

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BHP Billiton Ltd T/as The Whyalla Ship Building and Engineering Works

Cross Claimant

Commonwealth of Australia

First Cross Defendant

Newbrook Insulation Company Pty Ltd (In Liquidation)

Second Cross Defendant

Newton Brooks Insulation Company Pty Ltd (In Liquidation)

Third Cross Defendant

Newbrook (Whyalla) Pty Ltd (In Liquidation)

Fourth Cross Defendant

Notice of Motion / Ruling on Motion to Strike Out Part of Defence

1 Whether parts of the defence to a cross-claim should be struck out for not disclosing a triable issue

The paragraphs of the defence in question raise triable issues of fact and do not warrant being struck out at this stage.

Notice of Motion dismissed