Hawchar v Dasreef Pty Ltd (ruling) [2008] NSWDDT 31

Hawchar v Dasreef Pty Ltd (ruling) [2008] NSWDDT 31

Given the anticipated complexities regarding documentary evidence and without opposition from either party, the balance of cost and convenience required that Professor Henderson's evidence be taken outside New South Wales.

Parties
Plaintiff: Nawaf Hawchar; Defendant: Dasreef Pty Ltd
Jurisdiction
Australia
Judgment Date
28 October 2008
Procedural Posture
Dust Disease Damages Claim / Interlocutory Application (ruling on Taking Evidence Outside New South Wales)
Outcome
Application granted
Legal Topics
Silicosis, Taking Evidence Outside New South Wales, Cost and Convenience in Proceedings
Tort Law Dust Diseases Litigation Silicosis Taking Evidence Outside New South Wales Cost and Convenience in Proceedings

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 1 Party arguments 2
Sign in to unlock

Parties

Nawaf Hawchar

Plaintiff

Dasreef Pty Ltd

Defendant

Procedural Posture

Dust Disease Damages Claim / Interlocutory Application (ruling on Taking Evidence Outside New South Wales)

Legal Issues

  1. 1 Whether the evidence of Professor Henderson should be taken outside New South Wales under s 13(7) of the Dust Diseases Tribunal Act 1989

Ratio Decidendi

Given the anticipated complexities regarding documentary evidence and without opposition from either party, the balance of cost and convenience required that Professor Henderson's evidence be taken outside New South Wales.

Court Disposition

Application granted

Orders

  • Evidence of Professor Henderson to be taken outside New South Wales and in the state of South Australia pursuant to s 13(7) Dust Diseases Tribunal Act 1989.