Harris v Commercial Minerals Ltd [1996] HCA 49

High Court of Australia Dawson, Toohey, Gaudron, McHugh and Gummow JJ Harris v Commercial Minerals Ltd (FC 96/009) [1996] HCA 49

ORDER

1. Appeals allowed.

2. Set aside the orders of the New South Wales Court of Appeal.

3. In lieu of the said orders of the New South Wales Court of Appeal, order that:

(a) the appeals to that Court against the assessment of damages by the Dust Diseases Tribunal of New South Wales be allowed;

(b) otherwise, the appeals to that Court by the respondents be dismissed;

(c) the matter be remitted to the Dust Diseases Tribunal of New South Wales to assess the damages to be awarded against the second and third defendants before that Tribunal on the basis of the findings of and the evidence before Judge Johns.

4. The respondents pay the costs of the appellant in the New South Wales Court of Appeal and in this Court.

Cur adv vult

The Court delivered the following written judgment:—

3 April 1996 Dawson, Toohey, Gaudron, McHugh and Gummow JJ

Pursuant to the grant of special leave, Donna Therese Harris, as administratrix ad litem (the administratrix), appeals against an order of the New South Wales Court of Appeal setting aside a judgment for damages and an order extending the time for commencing the action for damages. The judgment and the order extending time were made by the Dust Diseases Tribunal of New South Wales in favour of Denis Paul Hollins (the worker) who died before the hearing of this appeal.

The questions in the appeal are: (1) whether the worker was entitled under subdiv 3 of Div 3 of Pt 3 of the Limitation Act 1969 NSW (the Act) to an extension of the six year statutory limitation period applicable to his action; and (2) whether future benefits payable under the Workers' Compensation (Dust Diseases) Act 1942 NSW (the Dust Diseases Act) are to be taken into account when awarding damages for future economic loss as the result of an injury that is also compensable under that legislation.