Di Giulio v Shell Refining (Australia) Pty Ltd (No 1)

[2004] NSWDDT 36

Dust Diseases Tribunal

of New South Wales

CITATION:	Di Giulio v Shell Refining (Australia) Pty Ltd & Anor (No 1) [2004] NSWDDT 36
PARTIES:	Costanza Di Giulio Shell Refining (Australia) Pty Ltd Amaca Pty Ltd
MATTER NUMBER(S):	456/03
JUDGMENT OF:	Duck J at 1
CATCHWORDS:	:-
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:	02/08/04
DATE OF JUDGMENT:	08/02/2004
LEGAL REPRESENTATIVES:	FOR PLAINTIFF: Mr A Leslie, QC instructed by Turner Freeman FOR FIRST DEFENDANT: Mr T J Morahan instructed by Coleman and Greig. FOR SECOND DEFENDANT: Ms W Strathdee instructed by Phillips Fox

JUDGMENT:

1. Application is made to amend the Pt 33 statement by adding to par 3(b) funeral expenses and cost of interment $30,000. The defendants object. It is sought to ask of each of the defendants what prejudice is asserted to arise from the amendment.

2. I refuse the application to amend. I do so on the ground that it is too late to be adding such a claim without notice.

Mr A Leslie, QC instructed by Turner Freeman appeared for the Plaintiff

Mr T J Morahan instructed by Coleman and Greig appeared for the First Defendant

Ms W Strathdee instructed by Phillips Fox appeared for the Second Defendant