Australia, March 12 -- New South Wales Land and Environment Court issued text of the following judgement on Feb. 13:
1. STERN JA: I agree with McHugh JA.
2. McHUGH JA: Before the Court is a single question: does s 140 of the Workers Compensation Act 1987 (NSW) (the 1987 Act), which permits claims for work injury damages to be made against the Nominal Insurer, apply to a claim where the relevant injury is silicosis?
3. The answer to that question is no. Leave to appeal should be granted and the appeal should be allowed.
Mr Sako's employment
4. The respondent, Mr Sako, is the plaintiff in proceedings in the Dust Diseases Tribunal of NSW. He alleges that he suffers from silicosis, latent tuberculosis and a secondary psychological injury, ...