NSW Caselaw
New South Wales Court of Appeal
CITATION : LEO N DUNN & SONS PTY LTD v McPHILLAMY [2000] NSWCA 343 FILE NUMBER(S) : CA 40964/99 HEARING DATE(S) : 13 November 2000 JUDGMENT DATE : 13 November 2000
PARTIES : LEO N DUNN & SONS PTY LTD v Paul Robert McPHILLAMY JUDGMENT OF : Mason P at 1; Meagher JA at 22; Heydon JA at 23
LOWER COURT JURISDICTION : District Court LOWER COURT DC 5505/99 FILE NUMBER(S) : LOWER COURT Herron DCJ JUDICIAL OFFICER :
COUNSEL : Claimant/Appellant: J D Hislop/ D Kelly Opponent/Respondent: M Sneddon SOLICITORS : Claimant/Appellant: McCulloch & Buggy Opponent/Respondent: Lee Fevre Pike CATCHWORDS : Workers compensation - truck driver suffers back injury over time in consequence of twisted seat shuddering - s151D Workers Compensation Act - outside three year limitation period - use or operation of the vehicle - definition of "claim" for purposes of Part 5 Motor Accidents Act - "claim" when used in Part 5 Motor Accidents Act means claim arising out of motor accident notwithstanding more limited definition in s40(1) - opponent's claim is one relating to injury arising out of nature and conditions of employment - appeal dismissed. (ND) DECISION : Appeal dismissed with costs
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40964/99
MASON P MEAGHER JA HEYDON JA
Monday 13 November 2000
LEO N DUNN & SONS PTY LTD v Paul Robert McPHILLAMY
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