NSW Caselaw
Reported Decision : 48 NSWLR 249
New South Wales Court of Appeal CITATION : FRANKLINS SELF SERVE PTY LTD v WYBER [1999] NSWCA 390 revised - 08/12/99 FILE NUMBER(S) : CA 40698/98 HEARING DATE(S) : 22 July 1999 JUDGMENT DATE : 5 November 1999
PARTIES : FRANKLINS SELF SERVE PTY LTD BEVERLEY FAY WYBER JUDGMENT OF : Mason P at 1; Sheller JA at 121; Cole AJA at 125
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 6473/97 LOWER COURT JUDICIAL OFFICER : Boyd-Boland ADCJ
COUNSEL : A: J Poulos QC/ M L Williams/ C Pinkerton R: D A Wheelahan QC/ J Singh SOLICITORS : A: Glover & Glover R: Cawoods CATCHWORDS : DAMAGES - Personal injuries - Whether the injuries for which damages were awarded stemmed from the original tort - Impact of later non-tortious injuries - Offsetting of workers compensation payments - Double compensation; WORKERS COMPENSATION - Relationship of damages claim to workers compensation award previously made against employer at time of tort and against later employer - Rule against double compensation - Application of s151Z of the Workers Compensation Act 1987 - Discussion of legislative scheme and common law principles Workers Compensation Act 1987 s151Z ACTS CITED : Compensation Court Act 1984 Workers Compensation Act 1926 DECISION : Appeal dismissed. See also par 120.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40698/98 DC 6473/97
MASON P SHELLER JA COLE AJA Friday 5 November 1999
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