Compensation paid to a deceased worker's dependant under s 8(2B)(d) of the Workers' Compensation (Dust Diseases) Act 1942 (NSW) is not deductible from damages awarded to the worker's estate under s 15B of the Civil Liability Act 2002 (NSW), because the compensation is paid to a different person and does not represent the same loss. Section 12D of the Dust Diseases Tribunal Act 1989 (NSW), applying the 'always speaking' principle, is broad enough to cover s 15B damages even though s 15B was enacted after s 12D. When assessing s 15B damages, the focus must be on what services the claimant would have provided but for the injury, not on the current satisfaction of the dependant's needs by other family members.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
4 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.