NSW Caselaw
New South Wales Court of Appeal
CITATION : Pickwell v Cotswold Australia Pty Limited [2001] NSWCA 462 FILE NUMBER(S) : CA 40426/01 HEARING DATE(S) : 06/12/01 JUDGMENT DATE : 6 December 2001
PARTIES : Edward Pickwell (Appellant) Cotswold Australia Pty Limited (Respondent) JUDGMENT OF : Spigelman CJ at 43, 45; Heydon JA at 1; Ipp AJA at 44
LOWER COURT JURISDICTION : Compensation Court LOWER COURT CC 47868/98/1 FILE NUMBER(S) : LOWER COURT Neilson CCJ JUDICIAL OFFICER :
COUNSEL : Mr M J Cranitch QC/Mr R I Goodridge (Appellant) Mr L King SC/Mr C S Robertson (Respondent) SOLICITORS : Firths (Appellant) Vardanega, Roberts (Respondent) CATCHWORDS : Torts - Workers' Compensation - Appeal from Compensation Court - "Journey Claim" - Whether injury was one "arising out of or in the course of employment" - Whether worker crossed the boundary of the land on which his place of abode was situated - Where worker injured in motor vehicle accident whilst travelling to work - Whether evidence supporting worker's contention on which he bore onus of proof could if fully accepted properly base finding of fact - Workers Compensation Act 1987 (NSW), s 10 - ND LEGISLATION CITED : Compensation Court Act 1984 Workers Compensation Act 1987 CASES CITED: Ambulance Service of New South Wales v Daniel (2000) 19 NSWCCR 697 Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 DECISION : See para 42
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40426/01 CC 47868/98/1
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