Argles v Workers Compensation (Dust Diseases) Authority

District Court

New South Wales

Medium Neutral Citation:

Argles v Workers Compensation (Dust Diseases) Authority [2025] NSWDC 343

Hearing dates:

18, 19 March 2025

Date of orders:

1 September 2025

Decision date:

01 September 2025

Jurisdiction:

Civil

Before:

Neilson DCJ

Decision:

Appeal dismissed.

Catchwords:

CIVIL – WORKERS COMPENSATION – DUST DISEASES – Appeal from decision of Workers Compensation (Dust Diseases) Authority – Quantum of lump sum payment to deceased worker’s dependent wife disputed – Insufficient evidence led by plaintiff to establish case.

Legislation Cited:

District Court Act 1973 ss 142J(2), 142K, Part 3 Division 8A

Workers Compensation Act 1926

Workers Compensation Act 1987

Workers Compensation (Dust Diseases) Act 1942 s 8I

Workplace Injury Management and Workers Compensation Act 1998 section 122(3)

Cases Cited:

Aafjes v Kearney (1976) 180 CLR 199

Leotta v Public Transport Commission of NSW (1976) 50 ALJR 666; 9 ALR 437

Maas v Department of Education (1980) 54 WCR 167 Fraser v Totalisation Agency Board (unreported, Comp Ct, 5173 of 1986, Moroney CCJ)

O’Brien v Workers Compensation (Dust Diseases) Board (2000) 22 NSWCCR 193

Workers Compensation (Dust Diseases) Authority v Cunha [2017] NSWCA 111 at [43]

Workers Compensation (Dust Diseases) Board v Veksans (1993) 32 NSWLR 221

Texts Cited:

Nil.

Category:

Principal judgment

Parties:

Plaintiff – Dorothy Jean Argles
Defendant – Workers Compensation (Dust Diseases) Authority

Representation:

Counsel:
Plaintiff – Mr Sharpe, J.
Defendant – Mr Birch, D.
Solicitors:
Plaintiff – Taylor & Scott Lawyers
Defendant – icare

File Number(s):

2024/00275051

Publication restriction:

Nil.

Judgment

1. HIS HONOUR: This is an appeal pursuant to s8I of the Workers Compensation (Dust Diseases) Act 1942 (“the Act”). Although the Act provides for “appeals,” it is clear that what is involved is a hearing de novo. There is a complete rehearing of the matters in question before this Court. This Court is not concerned whether the Workers Compensation (Dust Diseases) Authority (“DDA”), the defendant in these proceedings, erred or failed to give proper reasons for its decision. The Court does not refer the matter back to the DDA but it determines a matter brought before it under s8I. Those principles were established in Workers Compensation (Dust Diseases) Board v Veksans (1993) 32 NSWLR 221. As in any litigation, the plaintiff, as an appellant from a decision of the DDA, must establish her case on the balance of probabilities: O’Brien v Workers Compensation (Dust Diseases) Board (2000) 22 NSWCCR 193 (Campbell CJ of the Compensation Court of NSW).

2. The plaintiff, Mrs Dorothy Jean Argles, is the widow of Mr Robert Allan Argles. In her affidavit of 1 March 2025, Exhibit A, she said at [7]:

“In 1975, at age 31, I met my husband Robert Argles (Bob), and we married on 12 July 1975. We lived together as husband and wife for almost fifty years until I lost him to mesothelioma on 29 January 2024.”

The evidence tells me that their marriage was long, happy and fruitful, and that the plaintiff’s loss has been a grievous one.