Badenoch v Granite Transformations Pty Limited

Case [2022] NSWDDT 8

Dust Diseases Tribunal


New South Wales

Medium Neutral Citation: Badenoch v Granite Transformations Pty Limited and Ors [2022] NSWDDT 8
Hearing dates: 23 November 2022
Date of orders: 7 December 2022
Decision date: 07 December 2022
Before: Strathdee, J
Decision:

(1)   The first defendant provide verified discovery of the following documents by 16 January 2023, unless previously provided formally or otherwise:

(a)   Any employment records of the plaintiff and/or sub-contract agreement with the plaintiff at the Clayton Workshop at 57 Sarton Road, Clayton North, Victoria, (Clayton Workshop) or Sunshine Workshop at factory 5, 42-46 Vella Drive, Sunshine West, Victoria (Sunshine Workshop) during the period from 1 January 2001 until 31 December 2003;

(b)   Any records relating to the plaintiff’s work for the first defendant and/or at the premises of the first defendant, whether via AJ Recruitment or otherwise, during the period from 1 January 2001 until 31 December 2003;

(c)   Any franchise or other agreement between the first defendant and:

- GT Business Pty Limited;

- GT Business Holdings Pty Limited;

- Hotel 25 Pty Limited;

- Cabritt Pty Limited;

- Granite Transformations Sunshine;

- Granite Transformations North Shore; and/or

- Trend S.p.A;

in force during the period from 1 January 2001 until 31 December 2003;

(d)   Any records documenting the relationship between first defendant and any other entity for which the plaintiff alleges that he undertook duties;

(e)   Any documents and/or agreements relating to the supply and/or facilitation of supply of granite by the first defendant to:

- GT Business Pty Limited;

- GT Business Holdings Pty Limited;

- Hotel 25 Pty Limited;

- Cabritt Pty Limited;

- Granite Transformations Sunshine; and/or

- Granite Transformations North Shore;

during the period from 1 January 2001 until 31 December 2003;

(f)   Any documents and/or agreements relating to the supply and/or facilitation of supply of granite manufactured by Trend S.p.A, during the period from 1 January 2001 until 31 December 2003;

(g)   Any documents relating to any and all use of the name or trademark “Granite Transformations” during the period from 1 January 2001 until 31 December 2003;

(h)   Any documents relating to any and all use of the name or trademark “Rocksolid Granit” during the period from 1 January 2001 until 31 December 2003;

(i)   Any documents relating to the training and/or accreditation of the Plaintiff from 1 January 2002 – 31 December 2023;

(j)   Any product manuals, notices, warnings and or safety data sheets pertaining to any engineered and natural stone products used at the Clayton Workshop and the Sunshine Workshop from 1 January 2002 – 31 December 2003;

(k)   Any receipts and invoices relating to all engineered and natural stone products purchased and/or used at the Clayton Workshop and the Sunshine Workshop during the period from 1 January 2001 until 31 December 2003;

(l)   Any documents relating to:-

(i)   The first defendant’s knowledge and means of knowledge of possible risk of injury from inhalation of dust including silica dust, during the period up to 31 December 2005;

(ii)   Any…

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AGLC
Badenoch v Granite Transformations Pty Limited [2022] NSWDDT 8
Case
[2022] NSWDDT 8
Decision Date

CaseChat Overview and Summary

Badenoch v Granite Transformations Pty Limited involved a legal dispute in the Supreme Court of Victoria, focusing on issues of dust diseases. The plaintiff, Mr Badenoch, claimed to have suffered from a dust disease due to his exposure to silica dust during his employment with the defendant, Granite Transformations Pty Limited. The court was tasked with determining whether pre-trial discovery of certain documents should be allowed when the matter was ready for hearing. This decision was critical, as it involved balancing the probative value of the documents against their relevance to the key facts in issue in the case.

The legal issues before the court centred on the appropriateness of granting discovery of specific documents at a stage when the case was ready for hearing. The plaintiff argued that the documents were crucial to proving his case and that their discovery was necessary to ensure a fair trial. The defendant, on the other hand, contended that the documents had already been provided or were irrelevant to the issues at hand. The court had to assess the relevance and probative value of the documents to determine whether their discovery would assist in resolving the key facts in issue.

In its reasoning, the court found that the documents in question had significant probative value and were relevant to the key facts in issue. The court concluded that the documents were necessary for the fair determination of the case and ordered the defendant to provide verified discovery of the specified documents by a set date. The court emphasised the importance of ensuring that all relevant evidence was available to both parties to facilitate a just resolution of the dispute.

The final orders of the court included a detailed list of documents that the defendant was required to provide by a specified date, with a note that the costs of the motion would be costs in the cause. The matter was listed for directions on a future date, and the court granted liberty to apply for further orders as needed. This decision underscored the importance of thorough and timely discovery in complex cases involving dust diseases, ensuring that all relevant evidence is considered in reaching a fair outcome.

Orders

Orders of the court

(1) The first defendant provide verified discovery of the following documents by 16 January 2023, unless previously provided formally or otherwise:

(a) Any employment records of the plaintiff and/or sub-contract agreement with the plaintiff at the Clayton Workshop at 57 Sarton Road, Clayton North, Victoria, (Clayton Workshop) or Sunshine Workshop at factory 5, 42-46 Vella Drive, Sunshine West, Victoria (Sunshine Workshop) during the period from 1 January 2001 until 31 December 2003;

(b) Any records relating to the plaintiff’s work for the first defendant and/or at the premises of the first defendant, whether via AJ Recruitment or otherwise, during the period from 1 January 2001 until 31 December 2003;

(c) Any franchise or other agreement between the first defendant and:

- GT Business Pty Limited;

- GT Business Holdings Pty Limited;

- Hotel 25 Pty Limited;

- Cabritt Pty Limited;

- Granite Transformations Sunshine;

- Granite Transformations North Shore; and/or

- Trend S.p.A;

in force during the period from 1 January 2001 until 31 December 2003;

(d) Any records documenting the relationship between first defendant and any other entity for which the plaintiff alleges that he undertook duties;

(e) Any documents and/or agreements relating to the supply and/or facilitation of supply of granite by the first defendant to:

- GT Business Pty Limited;

- GT Business Holdings Pty Limited;

- Hotel 25 Pty Limited;

- Cabritt Pty Limited;

- Granite Transformations Sunshine; and/or

- Granite Transformations North Shore;

during the period from 1 January 2001 until 31 December 2003;

(f) Any documents and/or agreements relating to the supply and/or facilitation of supply of granite manufactured by Trend S.p.A, during the period from 1 January 2001 until 31 December 2003;

(g) Any documents relating to any and all use of the name or trademark “Granite Transformations” during the period from 1 January 2001 until 31 December 2003;

(h) Any documents relating to any and all use of the name or trademark “Rocksolid Granit” during the period from 1 January 2001 until 31 December 2003;

(i) Any documents relating to the training and/or accreditation of the Plaintiff from 1 January 2002 – 31 December 2023;

(j) Any product manuals, notices, warnings and or safety data sheets pertaining to any engineered and natural stone products used at the Clayton Workshop and the Sunshine Workshop from 1 January 2002 – 31 December 2003;

(k) Any receipts and invoices relating to all engineered and natural stone products purchased and/or used at the Clayton Workshop and the Sunshine Workshop during the period from 1 January 2001 until 31 December 2003;

(l) Any documents relating to:-

(i) The first defendant’s knowledge and means of knowledge of possible risk of injury from inhalation of dust including silica dust, during the period up to 31 December 2005;

(ii) Any information and/or warnings provided to the Plaintiff or other workers carrying out fabrication and/or installations of silica containing engineered or natural stone products at the Clayton Workshop and the Sunshine Workshop during the period from 1 January 2001 until 31 December 2003;

(iii) The provision of any personal protective equipment (PPE) to workers including the plaintiff, including the types of PPE supplied and the date of its provision, during the period from 1 January 2001 until 31 December 2003;

(iv) Any reports or records regarding occupational hygiene (and/or health and safety) regarding the risk of injury from inhalation of dust including silica dust and the measures by which that risk might be minimised or obviated, during the period from 1 January 2001 until 31 December 2003;

(v) Any evidence of air monitoring at the Clayton Workshop and the Sunshine Workshop during the period from 1 January 2001 until 31 December 2003;

(vi) Any evidence of health surveillance of workers at the Clayton Workshop and the Sunshine Workshop during the period from 1 January 2001 until 31 December 2003;

(vii) Any evidence of factory design, tools, machinery or fabrication methods implemented in order to protect workers including the Plaintiff from the risks of exposure to respirable crystalline silica dust (RCSD) during the period from 1 January 2001 until 31 December 2003;

(viii) Any records or reports relating to interactions with relevant workplace health and safety authorities and/or health and safety advisors during the period from 1 January 2001 until 31 December 2003.

(2) Costs of the Motion to be costs in the cause.

(3) Matter listed for directions on 13 February 2023.

(4) Liberty to apply.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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