Bennett v Workers Compensation Nominal Insurer and Ors [2023] NSWDDT 8

Bennett v Workers Compensation Nominal Insurer and Ors [2023] NSWDDT 8

Leave to re-litigate the matters set out in the plaintiff's s25B notice is granted due to new, scientifically supported medical evidence establishing that PMF may be a divisible condition and bringing into question prior findings as to the indivisibility of the damage.

Jurisdiction
Australia
Judgment Date
29 November 2023
Procedural Posture
Principal Judgment / Leave to Re Litigate S25 B Notice Issues
Outcome
Leave granted to defendants to re-litigate matters in plaintiff's s25B notice; indemnity costs order in favour of plaintiff; matter listed for directions.
Legal Topics
['silicosis' 'progressive Massive Fibrosis' 'divisibility of Damage' 'section 25 B Notice' 're Litigation' 'medical Evidence']
['personal Injury' 'dust Diseases'] ['silicosis' 'progressive Massive Fibrosis' 'divisibility of Damage' 'section 25 B Notice' 're Litigation' 'medical Evidence']

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Procedural Posture

Principal Judgment / Leave to Re Litigate S25 B Notice Issues

Legal Issues

  1. 1 ["Whether leave should be granted to re-litigate the matters set out in the plaintiff's s25B notice regarding PMF and silicosis." 'Whether PMF is a divisible condition in light of new medical evidence.']

Ratio Decidendi

Leave to re-litigate the matters set out in the plaintiff's s25B notice is granted due to new, scientifically supported medical evidence establishing that PMF may be a divisible condition and bringing into question prior findings as to the indivisibility of the damage.

Court Disposition

Leave granted to defendants to re-litigate matters in plaintiff's s25B notice; indemnity costs order in favour of plaintiff; matter listed for directions.

Orders

  • ["Leave granted to the defendants to re-litigate the matters set out in [1] to [5] of the plaintiff's s25B notice." "The defendants are to pay the plaintiff's costs of re-litigating the issues, irrespective of the outcome of the proceedings and including the costs of the Notice of Motion, on the indemnity basis."...