Manildra Flour Mills (MFG) Pty Ltd v Ross Michael Britt

Manildra Flour Mills (MFG) Pty Ltd appealed to the New South Wales Court of Appeal against a decision of the Dust Diseases Tribunal concerning a claim by Ross Michael Britt. Mr Britt alleged that he suffered from occupational asthma caused by inhaling flour dust at MFG's flour mill, and sought compensation under the *Workers Compensation (Dust Diseases) Act 1942* (NSW). The central dispute revolved around whether Mr Britt's condition constituted a "dust disease" as defined by the Act.

The Court of Appeal was required to determine whether occupational asthma caused by flour mill dust could be considered a dust disease under the Act, and specifically, whether the dust inhaled needed to have the potential to cause Farmer's Lung. This question was referred for separate determination by the Tribunal.

The Court reasoned that the statutory definition of a dust disease in s 3(1) of the *Workers Compensation (Dust Diseases) Act 1942* included conditions caused by the inhalation of dust, and that Farmer's Lung was a condition specifically mentioned. The Court held that for Mr Britt's occupational asthma to qualify as a dust disease, the flour mill dust he inhaled must have been capable of causing Farmer's Lung, whether or not it was the actual cause of his current condition. The Court allowed the appeal, set aside the Tribunal's answer to the question, and substituted its own answer, stating that the worker's occupational asthma would constitute a dust disease if and only if the inhaled dust was also capable of causing Farmer's Lung. The proceedings were returned to the Tribunal for determination in accordance with this ruling.