NSW Caselaw
Reported Decision :
(2000) 50 NSWLR 490
New South Wales Court of Appeal
CITATION : B.W. ESLER SERVICES PTY. LIMITED v. DULHUNTY [2000] NSWCA 349 FILE NUMBER(S) : CA 40143/99 HEARING DATE(S) : 29/11/2000 JUDGMENT DATE : 20 December 2000
PARTIES : B.W. Esler Services Pty. Limited (Appellant) Terence Dulhunty (Respondent) JUDGMENT OF : Mason P at 1; Powell JA at 6; Giles JA at 49
LOWER COURT JURISDICTION : Compensation Court LOWER COURT CC33144/98 FILE NUMBER(S) : LOWER COURT Davidson CCJ JUDICIAL OFFICER :
COUNSEL : B.R. Ferrari (Appellant) I.D.R. Duncan (Respondent) SOLICITORS : Barker Gosling (Canberra) (Appellant) Fleming Muntz (Respondent) CATCHWORDS : APPEAL AND NEW TRIAL - When appeal lies - From Compensation Court - Interlocutory decision - Final decision or award not involving claim for or question relating to amount of $20,000 or more - APPEAL AND NEW TRIAL - Points and objections not taken below - Question of law - In general allowed on appeal - Not allowed when curable at trial - WORKERS COMPENSATION - Weekly compensation - Termination of payments - In what circumstances - Procedure D DECISION : (By majority) Appeal upheld
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41043/99 CC 33144/98
MASON P POWELL JA GILES JA
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