NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Turner v Eastwest Airlines Limited [2009] NSWDDT 10
PARTIES : Joanne Maree Turner Eastwest Airlines Limited
MATTER NUMBER(S) : 428 of 2001
JUDGMENT OF: Kearns J
DUST DISEASES TRIBUNAL :- plaintiff an employee of defendant exposed to smoke from pyrolysed oil in cabin of aircraft history of oil smells in cabin of aircraft smoke resulting from fracturing of seal in auxilliary power unit of aircraft whether proceedings barred by s151D of Workers Compensation Act CATCHWORDS: whether Tribunal had jurisdiction to hear proceedings whether plaintiff exposed to dust whether plaintiff has or had a pathological condition of the lungs whether plaintiff's condition attributable to dust whether plaintiff's injury foreseeable reasonableness of response to foreseeable injury damages for non-economic loss, economic loss, out-of-pocket expenses, domestic services
Dust Diseases Tribunal Act 1989 LEGISLATION CITED: Workers Compensation Act 1987 Workers' Compensation (Dust Diseases) Act 1942 Workers Compensation (Miscellaneous Amendments) Act 1994
Waverley Council v Ferreira [2005] NSWCA 418 CASES CITED: Chapman v Herse (1961) 106 CLR 112, 120-1 Joanne Turner v Ansett Australia Limited [2007] NSWDDT 26 Van Gervan v Fenton (1992) 175 CLR 327
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