NSW Caselaw
New South Wales Court of Appeal
CITATION: Manildra Flour Mills (MFG) Pty Ltd v Ross Michael Britt [2007] NSWCA 48
HEARING DATE(S): 2 March 2007
JUDGMENT DATE: 16 March 2007
JUDGMENT OF: Mason P at 1; Handley AJA at 2; Einstein J at 36
DECISION: 1. Appeal allowed with costs.; 2. Set aside the answer of the Dust Diseases Tribunal to question (i) referred for separate determination.; 3. In lieu thereof answer the question as follows: The worker's occupational asthma caused by the flour mill dust he inhaled at the defendant's flour mill will constitute a dust disease as defined in s 3(1) of the Workers Compensation (Dust Diseases) Act 1942 as amended if and only if the dust he inhaled was also capable of causing Farmer's Lung.; 4. Proceedings returned to the Tribunal to be heard and determined according to law.; 5. The plaintiff is to pay the defendant's costs of the separate hearing.; 6. The respondent is to have a certificate under the Suitors' Fund Act 1951.
CATCHWORDS: DUST DISEASES – statutory definition – Farmer's Lung – occupational asthma caused by flour dust – whether dust may also cause Farmer's Lung – causative potential actual or theoretical
Dusts Diseases Tribunal Act 1989 LEGISLATION CITED: Workers Compensation (Dust Diseases) Act 1942 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998
CASES CITED: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
PARTIES: Manildra Flour Mills (MFG) Pty Ltd (Appellant) Ross Michael Britt (Respondent)
FILE NUMBER(S): CA 40166 of 2006
COUNSEL: A S Sullivan QC/A C Scotting (Appellant) D Campbell SC/T Moisidis (Respondent)
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