NEW SOUTH WALES COURT OF APPEAL
CITATION: Laminex (Australia) Pty Ltd (trading as Laminex Industries) & Anor v Coutts; Royal & Sunalliance Insurance Group PLC UK v Coutts; Government Insurance Office of New South Wales & Anor v Coutts; CSR Ltd v Coutts [2006] NSWCA 186
FILE NUMBER(S):
40395/06
40397/06
40429/06
40426/06
HEARING DATE(S): 7 July 2006
DECISION DATE: 14/07/2006
PARTIES:
Laminex (Australia) Pty Ltd (t/as Laminex Indusries) - First Claimant in Matter No 40395/06
Laminex Group Ltd (formerly Amatek Ltd) - Second Claimant in Matter No 40395/06
Royal and Sunalliance Insurance Group PLC UK (as Insurer for Woodland Pty Ltd) - Claimant in Matter No 40397/06
Government Insurance Office of NSW (as Insurer for J Odlin Shopfitting (Int) Pty Ltd - First Claimant in Matter No 40429/06
Government Insurance Office of NSW (as insurer for J Odlin Shopfitting Pty Ltd) - Second Claimant in Matter No 40429/06
CSR Limited - Claimant in Matter No 40426/06
Brian Coutts - Opponent in all Matters
JUDGMENT OF: Giles JA Hodgson JA Bryson JA
LOWER COURT JURISDICTION: Dust Diseases Tribunal
LOWER COURT FILE NUMBER(S): DDT 106/2000
LOWER COURT JUDICIAL OFFICER: Duck J
COUNSEL:
T G Parker SC - Claimants in Matter No 40395/06
J E Fernon SC - Claimants in Matters Nos 40397/06 & 40426/06
J L Sharpe - Claimant in Matter No 40429/06
G F Little SC & F Tuscano - Opponent in all Matters
SOLICITORS:
Clayton Utz - Claimants in Matter No 40395/06
Lander & Rogers - Claimants in Matters Nos 40397/06 & 40426/06
Hunt & Hunt - Claimant in Matter No 40429/06
Doherty & Partners - Opponent in all Matters
CATCHWORDS:
Dust Diseases Tribunal - jurisdiction in proceedings for damages in respect of dust-related condition - relevantly meaning lung condition attributable to dust - plaintiff contracted nasal cancer from dust exposure - surgery brought consequential lung condition - whether lung condition attributable to dust - whether proceedings claiming damages were in respect of dust-related condition - lung condition attributable to dust - although cause of action for all consequences of dust exposure, jurisdiction by virtue of claim to damages in respect of lung condition.
LEGISLATION CITED:
Compensation to Relatives Act 1897;
Dust Diseases Tribunal Act 1989;
Law Reform (Miscellaneous Provisions) Act 1944.
DECISION:
In each matter - (1) Grant leave to appeal and direct the filing of a notice of appeal within seven days; (2) Appeal dismissed; (3) Appellant(s) pay the costs of the application for leave to appeal and the appeal.
JUDGMENT:
IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
CA 40395/06
CA 40397/06
CA 40429/06
CA 40426/06
DDT 106/2000GILES JA
HODGSON JA
BRYSON JAFriday 14 July 2006
LAMINEX (AUSTRALIA) PTY LTD v COUTTS
ROYAL & SUNALLIANCE INSURANCE GROUP PLC UK v COUTTS
GOVERNMENT INSURANCE OFFICE
OF NEW SOUTH WALES & ANOR v COUTTS
CSR LTD v COUTTS
Judgment
GILES JA: These were applications for leave to appeal from decisions of the Dust Diseases Tribunal (“the Tribunal”) that it had jurisdiction in proceedings.…
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- Case
- [2006] NSWCA 186
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court of Appeal was whether the Dust Diseases Tribunal possessed jurisdiction to hear and determine the proceedings. This question hinged on whether the plaintiff's lung condition constituted a "dust-related condition" within the meaning of the Act, and if so, whether the proceedings claiming damages were indeed "in respect of" such a condition. The court also considered whether the Tribunal's jurisdiction extended to other consequences of the dust exposure, such as the nasal cancer, even if those were not themselves dust-related conditions.
The Court of Appeal, upholding the decision of Duck J, reasoned that the plaintiff's lung condition, arising from atelectasis and chronic irritation due to dust exposure, qualified as a pathological condition of the lung attributable to dust. Therefore, it was a "dust-related condition" for the purposes of the Act. The court found that the proceedings claiming damages were, at least in part, in respect of this dust-related lung condition, thereby bringing the matter within the Tribunal's exclusive jurisdiction. Furthermore, the court held that even if the primary claim related to the nasal cancer, the Tribunal also had jurisdiction over that matter due to its connection with the dust-related lung condition, either under section 11(3) or alternatively section 11(4) of the Act. The appeal was dismissed, with the appellant ordered to pay the costs.
Orders
Orders of the court
In each matter - (1) Grant leave to appeal and direct the filing of a notice of appeal within seven days; (2) Appeal dismissed; (3) Appellant(s) pay the costs of the application for leave to appeal and the appeal.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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