Dixon v Whisprun Pty Ltd (formerly known as Northwest Exports Pty Ltd) [2001] NSWCA 344

New South Wales Court of Appeal

CITATION : Dixon v Whisprun Pty Ltd (formerly known as Northwest Exports Pty Ltd) [2001] NSWCA 344 FILE NUMBER(S) : CA 40883/00 HEARING DATE(S) : 20 September 2001 JUDGMENT DATE : 28 September 2001

PARTIES : Sonya Lea Dixon (Appellant) Whisprun Pty Ltd (formerly known as Northwest Exports Pty Ltd) (Respondent) JUDGMENT OF : Beazley JA at 1; Heydon JA at 2; Davies AJA at 83

LOWER COURT JURISDICTION : Supreme Court LOWER COURT SC N105/97 FILE NUMBER(S) : LOWER COURT Newman J JUDICIAL OFFICER :

COUNSEL : Mr D F Jackson QC/Mr K J Ryan (Appellant) Mr R J Burbidge QC/Mr A Ventura (Respondent) SOLICITORS : Walker Kissane & Plummer (Appelllant) Hickson Wisewoulds (Respondent) CATCHWORDS : Workers Compensation - Personal Injury - Damages - Severity of illness and extent of damage caused - Whether plaintiff's claim was adequately considered by trial judge - Effect of plaintiff's credibility and plaintiff's evidence on factual findings re ongoing illness - Effect of medical opinion evidence and other evidence on factual findings re ongoing illness - Workers Compensation Act 1987 (NSW) - Court of Appeal - Orders - New trial - Order for new trial sought - Whether plaintiff's claim was adequately considered by trial judge - Workers Compensation claim by employee against employer - Effect of plaintiff's credibility and plaintiff's evidence on factual findings re ongoing illness - Whether "substantial wrong or miscarriage" - Supreme Court Rules 1970 (NSW) Pt 51 R 23 - D Evidence Act 1995 (NSW) LEGISLATION CITED : Surpeme Court Act 1970 (NSW) Workers Compensation Act 1987 (NSW) Akins v National Australia Bank (1994) 34 NSWLR 155 CASES CITED: CDJ v VAJ (1998) 197 CLR 172 Paric v John Holland Constructions Pty Ltd [1984] 2 NSWLR 505 HG v R (1999) 197 CLR 427 DECISION : See para 82