DJ BATCHEN PTY LIMITED v SAUNDERS [1991] NSWCA 72

DJ BATCHEN PTY LIMITED v SAUNDERS [1991] NSWCA 72

The words in parenthesis in CL4 of Pt6 of Schedule 6 of the Act—'not being an occupational disease within the meaning of s71 of this Act'—must be given their literal meaning, so a loss of hearing due to boilermaker's deafness is an occupational disease within s71(3) and thus outside CL4; the respondent's claim should not be determined under s16 of the 1926 Act but under the relevant provisions of the 1987 Act.

Parties
Appellant: DJ Batchen Pty Limited; Respondent: Saunders
Jurisdiction
Australia
Judgment Date
27 March 1991
Procedural Posture
Statutory Construction/appeal / Court of Appeal Final Appellate Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Compensation for Occupational Disease, Transitional Provisions, Interpretation of 'occupational Disease', Workers Compensation Act 1987
Workers Compensation Statutory Construction Compensation for Occupational Disease Transitional Provisions Interpretation of 'occupational Disease' Workers Compensation Act 1987

Case Brief

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Parties

DJ Batchen Pty Limited

Appellant

Saunders

Respondent

Procedural Posture

Statutory Construction/appeal / Court of Appeal Final Appellate Judgment

Legal Issues

  1. 1 Meaning of 'not being an occupational disease within the meaning of s71 of this Act' in CL4 of Pt6 of Schedule 6 of the Workers Compensation Act 1987
  2. 2 Determination of whether boilermaker's deafness qualifies as an 'occupational disease' under s71 for compensation purposes under the transitional provisions

Ratio Decidendi

The words in parenthesis in CL4 of Pt6 of Schedule 6 of the Act—'not being an occupational disease within the meaning of s71 of this Act'—must be given their literal meaning, so a loss of hearing due to boilermaker's deafness is an occupational disease within s71(3) and thus outside CL4; the respondent's claim should not be determined under s16 of the 1926 Act but under the relevant provisions of the 1987 Act.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay the respondent's costs