Downes v Amaca Pty Ltd [2010] NSWDDT 10

Dust Diseases Tribunal of New South Wales

CITATION : Downes v Amaca Pty Ltd [2010] NSWDDT 10

PARTIES : John Downes (Plaintiff) Amaca Pty Ltd (Defendant)

MATTER NUMBER(S) : 6097 of 2006

JUDGMENT OF: O'Meally P

CATCHWORDS: DUST DISEASES TRIBUNAL :- APPEAL - remitted issue - claim for medical expenses - whether plaintiff suffers asbestos related pleural disease and asbestosis - finding by Dust Diseases Board plaintiff has asbestos related pleural disease - claim for medical expenses for asbestosis - whether trial judge found both asbestos related pleural disease and asbestosis

LEGISLATION CITED: Dust Diseases Tribunal Act 1989 Workers' Compensation (Dust Diseases) Act 1942

CASES CITED: Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

DATES OF HEARING: 29 July 2010

DATE OF JUDGMENT: 29 July 2010

EX TEMPORE JUDGMENT DATE : 29 July 2010

G F Little, SC with S Tzouganatos instructed by Turner Freeman appeared for the Plaintiff LEGAL REPRESENTATIVES: G M Watson, SC instructed by DLA Phillips Fox appeared for the Defendant

JUDGMENT:

JUDGMENT O'MEALLY P 1. This is the determination of an issue remitted to the Tribunal by order of the Court of Appeal.

2. John Downes (the plaintiff) sued Amaca Pty Ltd (the defendant) claiming damages for asbestos related pleural disease and asbestosis. Part of his case involved a claim for medical and associated expenses. Before his case was heard, he made an application to the Workers' Compensation (Dust Diseases) Board (the Board) for payment of those expenses. The Board rejected his application. Section 8 of the Workers' Compensation (Dust Diseases) Act 1942 provides that the Board is to pay those expenses to a person to whom the Act applies.