NSW Caselaw
New South Wales Court of Appeal
CITATION: Ellis v Rantzos [2005] NSWCA 266
HEARING DATE(S): 20/06/05
JUDGMENT DATE: 15 August 2005
JUDGMENT OF: Handley JA at 1; Santow JA at 2; Basten JA at 3
DECISION: Appeal dismissed with costs
CATCHWORDS: Workers compensation - assessment of damages - hairdresser suffered injury as a result of defective chair for customers that was fixed too high - whether discrepancies in histories recorded in expert medical reports justified their rejection - section 151G of the Workers Compensation Act 1987 (NSW) - determination of severity of non-economic loss as a percentage of 'a most extreme case'
LEGISLATION CITED: Workers Compensation Act 1987
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Southgate v Waterford (1990) 21 NSWLR 427 CASES CITED: Dell v Dalton (1991) 23 NSWLR 528 Thatcher v Charles (1961) 104 CLR 57 Rabay v Bristow [2005] NSWCA 199
Louise Maria Ellis (Appellant) PARTIES: Emmanuel Rantzos trading as Rantzos Hairdressing (Respondent)
FILE NUMBER(S): CA 40093/04
A.J. McQuillen (Appellant) COUNSEL: G.M. Watson SC/N.E. Chen (Respondent)
GH Healey & Co (Appellant) SOLICITORS: Sparke Helmore (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 20517/01
LOWER COURT JUDICIAL OFFICER: Windeyer J
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40093/04 SC 20517/01
HANDLEY JA SANTOW JA BASTEN JA
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