NSW Caselaw
New South Wales Court of Appeal
CITATION : S Barry & R Keith v Goddard [2000] NSWCA 49 FILE NUMBER(S) : CA 40345/99 HEARING DATE(S) : 13/03/00 JUDGMENT DATE : 17 March 2000
PARTIES : S. Barry and R. Keith (Appellant) Peter John Goddard (Opponent) JUDGMENT OF : Fitzgerald JA; Heydon JA
LOWER COURT JURISDICTION : District Court LOWER COURT 8002/98 FILE NUMBER(S) : LOWER COURT Dent DCJ JUDICIAL OFFICER :
COUNSEL : J.A. Hislop QC / G.A. Seib (Appellant) S. Norton /E. Welsh (Opponent) McCulloch & Buggy, Solicitors (Appellant) SOLICITORS : MacMahon Associates Solicitors (Opponent)
CATCHWORDS : Application for leave to appeal - Workers Compensation Act - whether the injured worker could revoke his election not to claim common law damages - mistake as to the date of the election and as to the operation of an amendment to s 151A(3)(b) of the Workers Compensation Act LEGISLATION CITED : Workers Compensation Act 1987 DECISION : Accordingly, the appropriate orders are ; 1. Application for leave to appeal granted; 2. Appeal allowed; 3. Set aside the orders made by the District Court on the worker's notice of motion; 4. Remit the notice of motion to Dent DCJ for further hearing and determination according to law; 5. Costs of the application for leave to appeal and appeal to follow the event in the District Court.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40345/99 DC 8002/98 FITZGERALD JA HEYDON JA
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