NSW Caselaw
New South Wales Court of Appeal
CITATION: Amaca Pty Ltd v Mathwin [2005] NSWCA 364
HEARING DATE(S): 20 October 2005
JUDGMENT DATE: 25 October 2005
JUDGMENT OF: Giles JA at 1; McColl JA at 2; Gzell J at 21
DECISION: Leave to appeal dismissed with costs.
CATCHWORDS: APPEAL - leave to appeal - arguable error of law - no substantial injustice
Dust Diseases Tribunal Act 1989 LEGISLATION CITED: Dust Diseases Tribunal Rules Supreme Court Rules 1970
Australian Coal and Shale Employees' Federation v The Commonwealth [1953] HCA 25; (1953) 94 CLR 621 House v The King [1936] HCA 40; (1936) 55 CLR 499 CASES CITED: Mathwin v Amaca Pty Ltd [2004] NSWDDT 49 Morgan v Johnson (1998) 44 NSWLR 578 NSW Insurance Ministerial Corp v Reeve (1993) 42 NSWLR 100
Amaca Pty Ltd (Claimant) PARTIES: Stephen Paul Mathwin (as Legal personal representative of the Estate of the Late John Mathwin) (Opponent)
FILE NUMBER(S): CA 40053/05
E G H Cox (Claimant) COUNSEL: A J Leslie QC (Opponent)
Holman Webb (Claimant) SOLICITORS: Turner Freeman Lawyers (Opponent)
LOWER COURT JURISDICTION: Dust Diseases Tribunal
LOWER COURT FILE NUMBER(S): DDT 123/04
LOWER COURT JUDICIAL OFFICER: Curtis J
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40053/05 DDT 123/04
GILES JA McCOLL JA GZELL J
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