Rooney v The Workers' Compensation Dust Diseases Board of NSW (No 2) [2014] NSWDC 54

District Court New South Wales

Medium Neutral Citation: Rooney v The Workers' Compensation Dust Diseases Board of NSW (No 2) [2014] NSWDC 54 Decision date: 05 March 2014 Before: Cogswell SC DCJ Decision: (1) Appeal allowed. (2) Set aside decision of the Defendant to decline to vary the compensation payable. Catchwords: CIVIL LAW - Appeal - workers' compensation - dust diseases - application to vary compensation payable under Award - adjustment of benefits and weekly payments - form of order to dispose of successful appeal against Board's decision - whether judgment debt can be entered against Board - whether interest payable. Legislation Cited: Workers' Compensation (Dust Diseases) Act 1942 (NSW), ss 6(2), 8(1), 8I. Workers' Compensation Act 1987 (NSW). Cases Cited: Groves v Lord Wimborne (1898) 2 QB 402. Mallinson v The Scottish Australian Investment Company Limited [1920] HCA 51; 28 CLR 66. Re Coldham; Ex parte Brideson [No 2] [1990] HCA 36; 170 CLR 267; 94 ALR 481. Shepherd v Hills (1855) 11 Exch 55; 156 ER 743. Workers' Compensation (Dust Diseases) Board v Veksans (1993) 32 NSWLR 221. 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