Workers Compensation (Dust Diseases) Board v Wallace

[2005] NSWCA 353

CITATION:	Workers Compensation (Dust Diseases) Board v Wallace [2005] NSWCA 353
HEARING DATE(S):	12/10/05
JUDGMENT DATE:	12 October 2005
JUDGMENT OF:	Ipp JA at 1; Basten JA; McClellan CJ at CL
DECISION:	Appeal dismissed with costs.

PARTIES:	Workers Compensation (Dust Diseases) Board (Appellant) Eric Wallace (Respondent)
FILE NUMBER(S):	CA 40228/05
COUNSEL:	G M Watson SC/A Scotting (Appellant) G Little SC/A McSpedden (Respondent)
SOLICITORS:	Goldrick Farrell Mullan (Appellant) Turner Freeman (Respondent)

LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	DC RJ 204/03
LOWER COURT JUDICIAL OFFICER:	Quirk DCJ

CA 40228/05
DC RJ 204/03

IPP JA
BASTEN JA
McCLELLAN CJ at CL

Wednesday, 12 October 2005

WORKERS COMPENSATION (DUST DISEASES) BOARD v ERIC WALLACE

Judgment

1 IPP JA (delivering the judgment of the Court): The appellant having accepted that all its grounds of appeal other than those based on the principle of double compensation should fail, the appeal is dismissed with costs. That is because the appeal concerned Quirk DCJ’s overturning of the decision of the medical authority and the principle of double compensation had nothing to do with that issue.

2 Her Honour's comments about possible double compensation were not considered by this Court in dismissing the appeal.

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