Arentz v Workers' Compensation (Dust Diseases) Board [2014] NSWDC 205

District Court New South Wales

Medium Neutral Citation: Arentz v Workers' Compensation (Dust Diseases) Board [2014] NSWDC 205 Hearing dates: 6 June 2014 Decision date: 15 August 2014 Before: Neilson DCJ Decision: Appeal allowed Catchwords: DAMAGES - STATUTORY COMPENSATION - Double recovery - Plaintiff obtained damages in a common law action against non-employer tortfeasor pursuant to settlement - Pursues claim for statutory benefits from the Dust Diseases Board - Settlement amount did not apportion between economic loss and medical expenses and general damages - Whether statutory claim breaches principle against double compensation Legislation Cited: Police Regulation (Superannuation) Act 1906 Victims Compensation Act 1996 Workers Compensation (Dust Diseases) Act 1942 Cases Cited: Amaca Pty Ltd v King [2011] VSCA 447 CSR Ltd v D'Arcy (1996) 40 NSWLR 721 Downes v Amaca Pty Ltd [2010] NSWCA 76; (2010) 9 DDCR 432 James Hardie and Co Pty Ltd v Newton (1997) 42 NSWLR 729 SAS Trustee Corporation v Budd [2005] NSWCA 366; (2005) 3 DDCR 382 Category: Principal judgment Parties: Leonard David Arentz Workers' Compensation (Dust Diseases) Board Representation: Solicitors Maurice Blackburn (Plaintiff) Catherine Morgan (Defendant) Counsel Mr D Russell SC (Plaintiff) Mr J Sheller (Defendant) File Number(s): RJ64/14 Publication restriction: No