The Court of Appeal held that the Dust Diseases Tribunal has jurisdiction over dust disease claims even where the alleged tort, the damage, and the remaining defendant all have no connection with NSW, following Goliath Portland Cement Co Ltd v Bengtell. The discontinuance of the claim against a co-defendant that had an established NSW nexus did not deprive the Tribunal of jurisdiction over the remaining South Australian defendant, which had entered an unconditional appearance and participated in the proceedings.
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