Fletcher v Bridge [2000] NSWCA 271

New South Wales Court of Appeal

CITATION : Fletcher v Bridge [2000] NSWCA 271 FILE NUMBER(S) : CA 41018/98 HEARING DATE(S) : 4 October 2000 JUDGMENT DATE : 4 October 2000

Roger James and Gail Fletcher trading as R J Fletcher & Co PARTIES : v Cathy Angela Bridge and Department of Community Services JUDGMENT OF : Handley JA at 1; Giles JA at 10; Heydon JA at 11

LOWER COURT JURISDICTION : Compensation Court LOWER COURT CC 21962/95 FILE NUMBER(S) : LOWER COURT Walker CCJ JUDICIAL OFFICER :

J A Gracie (Appellant) COUNSEL : M J Joseph SC/I F Butcher (First Respondent) E G Romaniuk (Second Respondent) Vandervords Sydney (Appellant) SOLICITORS : Walker Kissane & Plummer Burwood (First Respondent) Moray & Agnew Sydney (Second Respondent) CATCHWORDS : RES JUDICATA - issue estoppel - earlier workers' compensation award - no issue estoppel against worker in later claim - no finding as to worker's capacity during period of later claim - WORKERS' COMPENSATION - issue estoppel CASES CITED: Blair v Curran (1939) 62 CLR 464 Egri v DRG (Australia) Ltd (1988) 19 NSWLR 600 DECISION : Appeal dismissed - costs orders made

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 41018/98 CC 21962/95 HANDLEY JA GILES JA HEYDON JA

4 October 2000

Roger James and Gail FLETCHER (trading as R J FLETCHER & CO) v Cathy Angela BRIDGE & Anor

RES JUDICATA - issue estoppel - earlier workers' compensation award - no issue estoppel against worker in later claim - no finding as to worker's capacity during period of later claim

WORKERS' COMPENSATION - issue estoppel