11Claims for damages for dust diseases etc to be brought under this Act

#### 11 Claims for damages for dust diseases etc to be brought under this Act 11 Claims for damages for dust diseases etc to be brought under this Act > > (1) If— > > > > > (a) a person is suffering, or has suffered, from a dust-related condition or a person who has died was, immediately before death, suffering from a dust-related condition, and > > > > > (b) it is alleged that the dust-related condition was attributable or partly attributable to a breach of a duty owed to the person by another person, and > > > > > (c) the person who is or was suffering from the dust-related condition or a person claiming through that person would, but for this Act, have been entitled to bring an action for the recovery of damages in respect of that dust-related condition or death, > > > > proceedings for damages in respect of that dust-related condition or death may be brought before the Tribunal and may not be brought or entertained before any other court or tribunal. > > > (1A) Proceedings by any tort-feasor liable in respect of damages referred to in subsection (1) to recover contribution from any other tort-feasor liable in respect of that damage may be brought before the Tribunal. > > > > Note— > > > > This subsection does not prevent those proceedings being brought in another court. > > > (2) In subsection (1), a reference to a duty includes a reference to a duty imposed by statute as well as a duty imposed under the common law. > > > (3) If the cause of action giving rise to proceedings to be brought under subsection (1) or (1A) also gives rise to a claim in respect of some other matter, the claim may be included in those proceedings even though it does not relate to a dust-related condition from which a person is suffering or has suffered. > > > (4) Any matter that is ancillary or related to a matter that is the subject of proceedings to be brought under subsection (1) or (1A) may also be included in those proceedings. > > > (5) In subsection (1) (c), the reference to a person claiming through a person who is or was suffering from a dust-related condition includes a reference to a relative for whose benefit an action may be brought under the [Compensation to Relatives Act 1897](/view/html/inforce/current/act-1897-031). > > **s 11:** Am 1989 No 226, Sch 1; 2005 No 22, Sch 1 \[2\] \[3\].