Aldous v State of New South Wales [2022] NSWSC 703

Supreme Court New South Wales

Medium Neutral Citation: Aldous v State of New South Wales [2022] NSWSC 703 Hearing dates: 19 May 2022 Date of orders: 19 May 2022 Decision date: 30 May 2022 Jurisdiction: Common Law Before: Fagan J Decision: 1. The plaintiff's appeal from the orders of Harrison AsJ made 9 June 2021 is dismissed. 2. The plaintiff is to pay the defendant's costs of the appeal. Catchwords: APPEALS – appeal under UCPR r 49.4 – whether the appellant was released from his obligation to repay a partial and permanent disability benefit – construction of Deed of Release – appellant's obligation to repay cannot be said to fall within "the matters the subject of this Deed" – failure to raise the matter in previous District Court and Court of Appeal proceedings – Anshun estoppel Legislation Cited: Supreme Court Rules 1970 Uniform Civil Procedure Rules Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Aldous v State of New South Wales [2018] NSWCA 261 Aldous v State of New South Wales [2021] NSWSC 668 CG Maloney Pty Ltd v Noon [2011] NSWCA 397 Charafeddine v Morgan [2014] NSWCA 74 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Henderson v. Henderson (1843) 3 Hare 115; 67 ER 319 PAO v Trustees of the Roman Catholic Church [2011] NSWSC 1216 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Tomlinson v Ramsey Food Processing Pty Limited (2015) 256 CLR 507; [2015] HCA 28 Wong v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 242 Category: Procedural rulings Parties: Adrian Aldous (appellant) State of New South Wales (respondent) Representation: Counsel: J M Morris SC (appellant) M J Gollan (respondent)