Cremer (as Executor of the Late Winifred Cremer v Seltsam Pty Limited (No. 2)

[2004] NSWDDT 28

Dust Diseases Tribunal

of New South Wales

CITATION:	Cremer (as Executor of the Late Winifred Cremer v Seltsam Pty Limited & Ors (No. 2) [2004] NSWDDT 28
PARTIES:	Philip Leslie Cremer Seltsam Pty Limited Wallaby Grip Limited Wallaby Grip BAE Pty Limited Amaca Pty Limited
MATTER NUMBER(S):	444 of 2002
JUDGMENT OF:	Duck J at 1
CATCHWORDS:	:-
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:	13/5/04
DATE OF JUDGMENT:	05/13/2004
LEGAL REPRESENTATIVES:	FOR PLAINTIFF: Mr B Ferrari instructed by Watkins Tapsell. FOR FIRST DEFENDANT: Mr Luke instructed by Leigh Virtue and Associates. FOR SECOND & THIRD DEFENDANTS: Mr A Scotting instructed by Acuiti Legal FOR FOURTH DEFENDANT: Mr T R Parker instructed by Holman Webb

JUDGMENT:

1. In this matter I find that the defence pleaded in par 8 of the fourth defendant’s defence is not made out. I publish my reasons.

2. I order that the costs of 10 May be costs in the cause.

Mr B Ferrari, SC instructed by Watkins Tapsell appeared for the plaintiff

Mr N Luke instructed by Leigh Virtue and Associates appeared for the first defendant

Mr A Scotting instructed by Acuiti Legal appeared for the second and third defendants

Mr T R Parker instructed by Holman Webb appeared for the fourth defendant