Trustees of the Sydney Grammar School v Winch [2013] NSWCA 37

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Trustees of the Sydney Grammar School v Winch [2013] NSWCA 37 Hearing dates: 23 August 2012 Decision date: 27 February 2013 Before: Bathurst CJ at [1], Allsop P at [1], Beazley JA at [26], McColl JA at [27], Meagher JA at [1] Decision: 1. Grant leave to appeal. 2. Direct the appellants to file a notice of appeal in the form of the draft in the White Book within seven days. 3. Appeal allowed. 4. Dismiss the proceedings in the Dust Diseases Tribunal. 5. Respondent to pay the appellants' costs of the proceedings in the Dust Diseases Tribunal, including the costs of the appellants' notice of motion filed on 13 September 2011. 6. Respondent to pay the appellants' costs of the application for leave to appeal and of the appeal. 7. Respondents to have a certificate under the Suitors' Fund Act 1951 if otherwise qualified. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DUST DISEASES TRIBUNAL - jurisdiction - exclusive jurisdiction of Dust Diseases Tribunal conferred by s 11(1) Dust Diseases Tribunal Act 1989 - whether proceedings should be dismissed for want of jurisdiction - where respondent claims compensation for psychiatric illness allegedly suffered as a result of father's death from mesothelioma exposure whilst in appellants' employ - whether respondent "claiming through" deceased for damages "in respect of" his death under s 11(1)(c) Dust Diseases Tribunal Act 1989