NSW Caselaw
Reported Decision : 47 NSWLR 263
New South Wales Court of Appeal CITATION : Grant v Royal Rehabilitation Centre Sydney [1999] NSWCA 250 revised - 22/07/99 FILE NUMBER(S) : CA 40395/98 HEARING DATE(S) : 28 June 1999 JUDGMENT DATE : 21 July 1999
PARTIES : Noel Grant v Royal Rehabilitation Centre Sydney JUDGMENT OF : Mason P at 1; Sheller JA at 2; Cole AJA at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 2290/97 LOWER COURT JUDICIAL OFFICER : Christie DCJ
COUNSEL : Appellant: Mr C Charteris Respondent: Mr G Watson SOLICITORS : Appellant: Dunhill Madden Butler Respondent: Hunt & Hunt CATCHWORDS : S151 (1)(d) Workers Compensation Act 1987; steps required of a trial judge; (1) determnine common law damages which would have been recovered if sued for; (2) determine amount of compensation paid; (3) deduct (2) from (1) Workers Compensation Act 1987 ACTS CITED : Motor Accidents Act 1998 Suitors Fund Act 1951 DECISION : (1) Appeal upheld; (2) Judgment and orders of Christie DCJ dated 13 May 1998 set aside; (3) The matter to be remitted to the District Court for further hearing; (4) Costs of the proceedings below before Christie DCJ be costs in the rehearing; (5) The respondent is to pay the appellant's costs of the appeal but is to have, if qualified, a certificate under the Suitors Fund Act 1951
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40395/98 DC 2290/97 MASON P SHELLER JA COLE AJA Wednesday, 21 July 1999
NOEL GRANT v ROYAL REHABILITATION CENTRE SYDNEY JUDGMENT
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