Asioty v Canberra Abattoir Pty Ltd [1989] HCA 40

High Court of Australia Mason C.J. Brennan, Dawson, Toohey and McHugh JJ. Asioty v Canberra Abattoir Pty Ltd [1989] HCA 40

ORDER Appeal allowed with costs. Set aside the orders of the Full Court of the Federal Court and in lieu thereof order that the appeal to that Court be dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Sept. 20 Mason C.J.

I agree with the reasons for judgment of Toohey J.

Brennan J.

I agree with the reasons for judgment of Toohey J.

Dawson J.

I agree with the reasons for judgment of Toohey J.

Toohey J.

The appellant suffers from a condition which produces a dermatitis of the hands. One medical view is that it is a constitutional condition called Amyloidosis Cutis, which may have a genetic factor. Another view is that it is "a dermatitis of unknown cause". It will be necessary to say more about this difference of medical opinion later in these reasons. The appellant also has a condition called Lichen Amyloidosis, described by one medical witness as "a disease of unknown origin". This condition, it seems, also causes a dermatitis which affects the appellant's feet.

The appellant was born in Egypt in 1931. For much of his life he has worked as a waiter, at first in Egypt and more recently in Australia. On 10 October 1980 he began work with the respondent as a slaughterman. Not long after he started work, the appellant developed dermatitis of his hands and also, it appears, of his feet. As a result he was off work from time to time. For these periods he was paid workers' compensation; it must have been accepted that the dermatitis constituted an injury in the nature of a disease which was caused or aggravated by the appellant's employment. However, the matter has proceeded on the basis that any compensable injury relates to the dermatitis of the hands only.