Pattison v. Herald & Weekly Times Ltd

The applicant contracted emphysema as a result of exposure to second-hand cigarette smoke in her workplace. In an earlier decision, she was refused leave to bring proceedings for damages under the Accident Compensation Act because she was out of time. (See: Pattison v Herald & Weekly Times Limited [2012] VCC 2014 (19 December 2012)).

This was the hearing of the appeal against that decision. The applicant appealed on the grounds that the lower Court had failed to properly identify the compensable injury as emphysema rather than chronic obstructive airway disease, with the result that it erred in determining the date her injury was known.

The Court upheld the applicant's appeal, granting leave for her to bring proceedings for damages.

Note: the respondent unsuccessfully applied to the High Court for special leave to appeal. The transcript of the High Court's hearing and decision in that application is uploaded here under "Related Documents".


Pattison v. Herald & Weekly Times Ltd [2013] VSCA 121 (23 May 2013)

  • Australia
  • May 23, 2013
  • Supreme Court of Victoria, Court of Appeal


Plaintiff Lynette Pattison

Defendant Herald & Weekly Times Limited

Legislation Cited

Accident Compensation Act 1985 (Vic)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product