Vartuli v Alinta LGA ruling [2007] NSWDDT 30

Vartuli v Alinta LGA ruling [2007] NSWDDT 30

The original Griffiths v Kerkemeyer expenses awarded failed to appropriately discount for non-compensable factors affecting care needs; pursuant to s 13(6) Dust Diseases Tribunal Act 1989, the Tribunal has power to reconsider and correct its own factual error, and the sum allowed for care must be reduced by half to reflect compensable causes only.

Parties
Plaintiff: Giuseppe Vartuli; Defendant: Alinta LGA Ltd
Jurisdiction
Australia
Judgment Date
14 November 2007
Procedural Posture
Dust Diseases Claim / Reconsideration After Initial Judgment, Ex Tempore Ruling
Outcome
Original Griffiths v Kerkemeyer expense award vacated; directions given for recalculation to reduce the sum by half.
Legal Topics
Griffiths V Kerkemeyer Expenses, Reconsideration of Judgment, Compensable Versus Non Compensable Factors
Torts Personal Injury Dust Diseases Griffiths V Kerkemeyer Expenses Reconsideration of Judgment Compensable Versus Non Compensable Factors

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Parties

Giuseppe Vartuli

Plaintiff

Alinta LGA Ltd

Defendant

Procedural Posture

Dust Diseases Claim / Reconsideration After Initial Judgment, Ex Tempore Ruling

Legal Issues

  1. 1 Whether the award for Griffiths v Kerkemeyer expenses should be reconsidered and reduced due to non-compensable factors affecting care needs
  2. 2 Scope of Tribunal's power under s 13(6) Dust Diseases Tribunal Act 1989 to amend or rescind decisions

Ratio Decidendi

The original Griffiths v Kerkemeyer expenses awarded failed to appropriately discount for non-compensable factors affecting care needs; pursuant to s 13(6) Dust Diseases Tribunal Act 1989, the Tribunal has power to reconsider and correct its own factual error, and the sum allowed for care must be reduced by half to reflect compensable causes only.

Court Disposition

Original Griffiths v Kerkemeyer expense award vacated; directions given for recalculation to reduce the sum by half.

Orders

  • Parties to recalculate Griffiths v Kerkemeyer expenses as per Tribunal's directions, reducing amount by half to discount non-compensable factors.