NSW Caselaw
New South Wales Court of Appeal
CITATION : Concrite Pty. Limited v. Rogerson [2003] NSWCA 306 HEARING DATE(S) : 9 October 2003 JUDGMENT DATE : 9 October 2003
JUDGMENT OF : Hodgson JA at 1; Tobias JA at 41; Foster AJA at 42 DECISION : 1. Appeal allowed. 2. Orders of primary judge set aside. 3.Order that there be a new trial limited to damages. 4. Respondent to pay appellant's costs of appeal and to have a Suitors' Fund certificate if otherwise entitled. 5. Costs of the first two trials to be in the discretion of the judge hearing the new trial.
CATCHWORDS : WORKERS' COMPENSATION - Modified common law action for damages - Assessment of non-economic loss - Threshold for award of economic loss - An irrelevant consideration. LEGISLATION CITED : Workers Compensation Act 1987 ss.151G, 151H Dell v. Dalton (1991) 23 NSWLR 528 CASES CITED : Southgate v. Waterford (1990) 21 NSWLR 427 State Bank of NSW v White (1995) 36 NSWLR 622 PARTIES : Concrite Pty. Limited - appellant Bruce Rogerson - respondent FILE NUMBER(S) : CA 40166/03 COUNSEL : Mr. J.D. Hislop QC with Mr. N.E. Chen for appellant Mr. D.T. Kennedy SC with Mr. D. Andrews for respondent SOLICITORS : Sparke Helmore, Sydney for appellant Rishworth Dodd & Co., Sydney for respondent
LOWER COURT District Court JURISDICTION : LOWER COURT DC 4578/00 FILE NUMBER(S) : LOWER COURT Karpin DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40166/03 DC 4578/00
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