Rooney v The Workers' Compensation Dust Diseases Board of NSW [2013] NSWDC 275

District Court New South Wales

Medium Neutral Citation: Rooney v The Workers' Compensation Dust Diseases Board of NSW [2013] NSWDC 275 Decision date: 06 November 2013 Before: Cogswell SC DCJ Decision: Judgment for the appellants. Catchwords: CIVIL LAW - Appeal - workers' compensation - dust diseases - compensation to be awarded at more recent higher rates. WORDS AND PHRASES - statutory interpretation - "employment" and "occupation" - Workers Compensation (Dust Diseases) Act 1942 (NSW), s 8(3A) - different meanings - consideration of meaning of "occupation" - focus on "occupation to the nature of which the disease is due". Legislation Cited: Workers' Compensation (Dust Diseases) Act 1942 (NSW), ss 3(1), 6(3), 8(3A). Workers' Compensation Act 1987 (NSW), s 151AB. Cases Cited: Bird v The Commonwealth [1988] HCA 23; 165 CLR 1; 78 ALR 469. CIC Workers' Compensation (NSW) Ltd v Alcan Australia Ltd (1994) 35 NSWLR 169. Wilson v Wilson's Tile Works Pty Ltd [1960] HCA 63; 104 CLR 328; ALR 715. Texts Cited: New South Wales Legislative Assembly, Second Reading Speech Workers Compensation (Silicosis) Amendment Bill (Hansard), 28 March 1957. Category: Principal judgment Parties: Sinead Rooney (Appellant) Alana Rooney (Appellant) Sean Rooney (Appellant) The Workers' Compensation Dust Diseases Board of NSW (Respondent) Representation: Counsel: S Robertson (Appellants) J L Sharpe (Respondent) File Number(s): RJ00348/13