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West v Firestone Tire and Rubber Company of New Zealand Ltd - [1992] 2 NZLR 23

$30.00

Court of Appeal Wellington
5, 6, 7 August; 12 September 1991
Cooke P, Casey, Hardie Boys, McKay, McGechan JJ
Accident compensation — Jurisdiction — Industrial disease — Exposure to asbestos allegedly leading to cancer of the lung — Reference by Master to Accident Compensation Corporation for determination as to whether the appellant had suffered personal injury by accident — Whether reference properly made — Whether exposure to asbestos continued after 1 April 1974 - Whether correspondence and negotiations between solicitors amounted to contract not to make certain submission — Whether employee could contract out of Act — Whether consent order rescinding earlier reference to corporation amounted to estoppel — Accident Compensation Act 1982, ss 8(2), 27(3), 27(4) and 28(1).
Accident compensation — Jurisdiction — Observations as to employment-related disease — Proper test under Accident Compensation Act 1982 - Accident Compensation Act 1982, s 28(1).

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