In appeals from the Dust Diseases Tribunal under s 32 of the Dust Diseases Tribunal Act (as amended 1998), challenges to the quantum of damages and findings of fact are not available as grounds of appeal. The House v The King principles governing discretionary judgments do not establish error in point of law merely because a discretionary assessment might be set aside in an unrestricted appeal. Even if a damages figure were so unreasonable as to warrant setting aside in an unrestricted appeal, the appellant must separately demonstrate that the wrong result was due to an error in point of law.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.