DAMAGES - medical and other expenses payable by Dust Diseases Board - Board had not accepted liability - unsuccessful application by plaintiff for benefits - finding that renewed application would succeed - whether benefits to be deducted from damages.
DUST DISEASES - medical and other expenses payable by Board - Board had not accepted liability - unsuccessful application by plaintiff for benefits - finding that renewed application would succeed - whether benefits to be deducted from damages.
DUST DISEASES TRIBUNAL - assessment of damages - statutory power of reconsideration - Dust Diseases Tribunal Act s 13(6) - relevance to deduction of medical and other expenses - unsuccessful application by plaintiff for benefits - finding that fresh application would succeed - whether Judge entitled to deduct benefits subject to reconsideration if fresh application unsuccessful.
Case Details
Citation[2010] NSWCA 76
CourtNSWCA
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.
