BHP Billiton Limited v McKensey [2014] NSWDC 210

BHP Billiton Limited v McKensey [2014] NSWDC 210

The summons was dismissed because there was no reason to strike out the worker's medical panel application: the worker needed a medical panel certificate for any boilermakers deafness claim against BHP Billiton, and disputes remained about whether McKensey Mining Services Pty Ltd was a coal industry employer or the last noisy employer, whether the worker was a coal miner, and the quantum and causation of the worker's deafness.

Jurisdiction
Australia
Judgment Date
27 October 2014
Procedural Posture
Summons / Plaintiff's Summons Seeking to Strike Out the Defendant Worker's Application for a Medical Panel
Outcome
Summons dismissed
Legal Topics
['boilermakers Deafness' 'medical Panel Certificate' 'coal Miners' 'last Noisy Employer' 'binaural Hearing Loss']
['workers Compensation'] ['boilermakers Deafness' 'medical Panel Certificate' 'coal Miners' 'last Noisy Employer' 'binaural Hearing Loss']

Case Brief

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Procedural Posture

Summons / Plaintiff's Summons Seeking to Strike Out the Defendant Worker's Application for a Medical Panel

Legal Issues

  1. 1 ["Whether the defendant worker's application for a further medical panel certificate naming BHP Billiton Ltd should be struck out where a previous medical panel certificate had been obtained in an application naming McKensey Mining Services Pty Ltd." "Whether disputes about the worker's status as a coal miner, the identity of the last noisy employer, and the quantum and causation of hearing loss justified the medical panel application proceeding."]

Ratio Decidendi

The summons was dismissed because there was no reason to strike out the worker's medical panel application: the worker needed a medical panel certificate for any boilermakers deafness claim against BHP Billiton, and disputes remained about whether McKensey Mining Services Pty Ltd was a coal industry employer or the last noisy employer, whether the worker was a coal miner, and the quantum and causation of the worker's deafness.

Court Disposition

Summons dismissed

Orders

  • ["The plaintiff's summons is dismissed." "The plaintiff is to pay the defendant's costs."]