NSW Caselaw
New South Wales Court of Appeal
CITATION : Climax Management v Scansash [2002] NSWCA 167 FILE NUMBER(S) : CA 40695 of 2001 HEARING DATE(S) : 31/05/02 JUDGMENT DATE : 21 June 2002
Climax Management Pty Limited PARTIES : v Scansash Pty Limited JUDGMENT OF : Meagher JA at 1; Ipp AJA at 16; Pearlman AJA at 17
LOWER COURT JURISDICTION : District Court LOWER COURT DC 4250 of 2000 FILE NUMBER(S) : LOWER COURT O'Reilly DCJ JUDICIAL OFFICER :
COUNSEL : Appellant: Mr Harrison SC with Mr Ogborne Respondent: Mr M Slattery QC with Mr M Grant SOLICITORS : Appellant: Blake Dawson Waldron Respondent: Connery & Partners CATCHWORDS : Workers' Compensation Act 1987 - estoppel - whether appellant is estopped from bringing proceedings as a result of a determination under s 151Z(2) of the Workers' Compensation Act - appeal allowed. LEGISLATION CITED : Workers' Compensation Act 1987 Law Reform (Miscellaneous Provisions) Act 1946 CASES CITED: Oxley County Council v MacDonald [1999] NSWCA 126 Redken Laboratories (Aust) Pty Ltd v Docker [2000] NSWCA 100 DECISION : 1. Appeal allowed; 2. Respondent to pay the appellant's costs; 3. Further orders to be made in an agreed form of order signed by the parties and filed in Court.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40695 of 2001 DC 4250 of 2000
MEAGHER JA IPP AJA PEARLMAN AJA
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