NSW Caselaw
New South Wales Court of Appeal
CITATION : STATE RAIL AUTHORITY OF NSW v REODICA [2000] NSWCA 371 FILE NUMBER(S) : CA 40982/99 HEARING DATE(S) : 21 November 2000 JUDGMENT DATE : 20 December 2000
PARTIES : STATE RAIL AUTHORITY OF NEW SOUTH WALES v REYNATO REODICA JUDGMENT OF : Mason P at 1; Meagher JA at 61; Fitzgerald JA at 62
LOWER COURT JURISDICTION : Compensation Court LOWER COURT CC 11644/96 FILE NUMBER(S) : LOWER COURT Geraghty CCJ JUDICIAL OFFICER :
COUNSEL : Appellant: P R Sternberg Respondent: G M Swinton SOLICITORS : Appellant: Balcock Stacy & Niven Respondent: Jones Staff & Co CATCHWORDS : Workers compensation - reasons for decision - error of law - whether assault took place against respondent in workplace - Commissioner and later trial judge found assault did not take place - respondent found not to be suffering post traumatic stress disorder but might be suffering other psychological injury - Compensation Court not a court of strict pleading - s17(1) Compensation Court Act - respondent entitled to have wider psychological injury addressed by Commissioner despite unwillingness of counsel to press such a case - appeal dismissed with costs. ND DECISION : Appeal dismissed with costs.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40982/99 CC 11644/96 MASON P MEAGHER JA FITZGERALD JA Wednesday 20 December 2000
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