FROST v AMACA PTY LTD [2004] NSWCA 358

FROST v AMACA PTY LTD [2004] NSWCA 358

The Dust Diseases Tribunal lacked jurisdiction to state the case and the Court of Appeal lacked jurisdiction to entertain it. Section 32 of the Dust Diseases Tribunal Act 1989 was not engaged because there was no decision of the Tribunal with which any party was dissatisfied. Supreme Court Act 1970, s48 assigns categories of proceedings to the Court of Appeal but does not confer on the specified tribunals a substantive power to state a case. Sections 10 and 13 of the Dust Diseases Tribunal Act 1989, and the Dust Diseases Tribunal Rules incorporating Supreme Court Rules, did not create an alternative appellate or external stated case jurisdiction.

Jurisdiction
Australia
Judgment Date
01 October 2004
Procedural Posture
Stated Case / Summons From the Dust Diseases Tribunal / Court of Appeal Consideration of Whether the Dust Diseases Tribunal Had Jurisdiction to State a Case for the Opinion of the Court of Appeal Before Any Tribunal Decision
Outcome
Summons dismissed.
Legal Topics
['jurisdiction of the Dust Diseases Tribunal to State a Case' 'assignment of Business to the Court of Appeal Under Supreme Court Act 1970, S48' 'appeals From the Dust Diseases Tribunal Under Dust Diseases Tribunal Act 1989, S32' 'external Stated Cases' 'incorporation of Supreme Court Rules Into Dust Diseases Tribunal Rules']
['civil Procedure' 'appellate Jurisdiction' 'dust Diseases Litigation'] ['jurisdiction of the Dust Diseases Tribunal to State a Case' 'assignment of Business to the Court of Appeal Under Supreme Court Act 1970, S48' 'appeals From the Dust Diseases Tribunal Under Dust Diseases Tribunal Act 1989, S32' 'external Stated Cases' 'incorporation of Supreme Court Rules Into Dust Diseases Tribunal Rules']

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Procedural Posture

Stated Case / Summons From the Dust Diseases Tribunal / Court of Appeal Consideration of Whether the Dust Diseases Tribunal Had Jurisdiction to State a Case for the Opinion of the Court of Appeal Before Any Tribunal Decision

Legal Issues

  1. 1 ['Whether the Dust Diseases Tribunal has jurisdiction to state a case for the opinion of the Court of Appeal.' 'Whether Supreme Court Act 1970, s48(2)(h) confers power on the Dust Diseases Tribunal to state a case or merely assigns proceedings to the Court of Appeal.' 'Whether Dust Diseases Tribunal Act 1989, ss10, 13 or 32, or the Dust Diseases Tribunal Rules incorporating Supreme Court Rules, provide a jurisdictional basis for the stated case.' 'Whether the Court of Appeal has jurisdiction to entertain the stated case in the absence of a decision of the Tribunal.']

Ratio Decidendi

The Dust Diseases Tribunal lacked jurisdiction to state the case and the Court of Appeal lacked jurisdiction to entertain it. Section 32 of the Dust Diseases Tribunal Act 1989 was not engaged because there was no decision of the Tribunal with which any party was dissatisfied. Supreme Court Act 1970, s48 assigns categories of proceedings to the Court of Appeal but does not confer on the specified tribunals a substantive power to state a case. Sections 10 and 13 of the Dust Diseases Tribunal Act 1989, and the Dust Diseases Tribunal Rules incorporating Supreme Court Rules, did not create an alternative appellate or external stated case jurisdiction.

Court Disposition

Summons dismissed.

Orders

  • ['Summons dismissed with no order as to costs.']