NSW Caselaw
New South Wales Court of Appeal
CITATION : DUNN v. FIRTH [2003] NSWCA 280 HEARING DATE(S) : 20/06/2003 JUDGMENT DATE : 3 October 2003
JUDGMENT OF : Beazley JA at 1; Tobias JA at 70; Davies AJA at 71 DECISION : 1. Appeal allowed; 2. Set aside the judgment of Bell DCJ of 26 July 2002; 3. In lieu thereof enter verdict and judgment for the appellant in the sum of $15,953.26; 4. The respondent is to pay the costs of the proceedings below and of the appeal and to have with respect to the latter a certificate under the Suitors Fund Act, if applicable.
CATCHWORDS : APPEAL - WORKER'S COMPENSATION - NEGLIGENCE - breach of duty - liability of solicitor in failing to advise the plaintiff of her common law rights and election provisions under Workers Compensation Act 1987 - DAMAGES - whether trial judge erred in assessment of economic and non-economic loss. LEGISLATION CITED : Workers Compensation Act 1987 Johnson v Perez (1998) 166 CLR 351 Orford v Qi Ying He [2002] NSWCA 152 CASES CITED : Radosavljevic v Radin [2003] NSWCA 217 Damberg v Damberg (2000) 52 NSWLR 492 House v The King (1936) 55 CLR 499 Ball v Masselos (unreported, NSWSC, Ireland J, 10 February 1995) PARTIES : NATALIE DUNN (Appellant) STEPHEN FIRTH t/as FIRTHS THE COMPENSATION LAWYERS FILE NUMBER(S) : CA 40726/2002 COUNSEL : J.D. Hislop QC/I McLachlan (Appellant) K. Rewell SC/A. Beardow (Respondent) SOLICITORS : R. J. Rimes (Appellant) Connery Partners (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT 10143/00 FILE NUMBER(S) : LOWER COURT Bell DCJ JUDICIAL OFFICER :
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