Frost v Amaca Pty Ltd

The applicant, Frost, sought to have a case stated to the Court of Appeal from a decision of the Dust Diseases Tribunal. The dispute concerned the jurisdiction of the Dust Diseases Tribunal to state a case for the opinion of the Court of Appeal, pursuant to section 48 of the *Supreme Court Act 1970* (NSW) and the *Dust Diseases Tribunal Act 1989* (NSW).

The central legal issue before the Court of Appeal was whether the Dust Diseases Tribunal possessed the statutory power to refer questions of law arising from its proceedings to the Court of Appeal for determination by way of a stated case.

The Court of Appeal held that the *Dust Diseases Tribunal Act 1989* did not confer jurisdiction on the Tribunal to state a case to the Supreme Court. While section 48 of the *Supreme Court Act 1970* generally permits courts to state cases, the specific provisions of the *Dust Diseases Tribunal Act 1989* were found to be exhaustive in relation to appeals and reviews of the Tribunal's decisions, and did not include a mechanism for stated cases. Consequently, the summons seeking to have a case stated was dismissed.