NSW Caselaw
New South Wales Court of Appeal
CITATION: Walfertan Processors Pty Ltd v Dever [2006] NSWCA 289
HEARING DATE(S): 25 October 2006
JUDGMENT DATE: 1 November 2006
JUDGMENT OF: Giles JA at 1; Santow JA at 41; Basten JA at 42
DECISION: Appeal dismissed with costs.
CATCHWORDS: Worker injured - insufficient permanent impairment for modified common law damages - claimed damages under Motor Accidents Compensation Act on basis of "injury" within definition in that Act - pin in coupling between trailer and towing vehicle removed - trailer drawbar became separated from towing vehicle and fell on worker's foot - trailer had mounting for jockey wheel but no jockey wheel - whether absence of jockey wheel a defect in the trailer - whether injury caused by absence of jockey wheel.
Motor Accidents Act 1988 LEGISLATION CITED: Motor Accidents Compensation Act 1999 Motor Vehicles (Third Party Insurance) Act 1942 Workers Compensation Act 1987
Allianz Australia Insurance Ltd v GSF Australia Pty Ltd (2005) 221 CLR 568; Chappel v Hart (1998) 195 CLR 232; Duyvelschaff v Cathcart & Ritchie Ltd (1973) 1 ALR 125; McLean v Tedman (1984) 155 CLR 306; CASES CITED: McWilliams v Sir William Arrol & Co Ltd (1962) 3 All ER 623; Toll Pty Ltd v Dakic [2006] NSWCA 58; Topfelt Pty Ltd v State Bank of New South Wales (1993) 47 FCR 226; Wigley v British Vinegars Ltd (1964) AC 307; Zurich Australia Insurance Ltd v CSR Ltd (2001) 52 NSWLR 193.
PARTIES: Walfertan Processors Pty Ltd - Appellant Jamie Dever - Respondent
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