NSW Caselaw
New South Wales Court of Appeal
CITATION: Ryan & Anor v Watkins & Anor [2005] NSWCA 426
HEARING DATE(S): 11/07/05
JUDGMENT DATE: 5 December 2005
JUDGMENT OF: Mason P at 1; Handley JA at 2; Campbell AJA at 3
DECISION: 1. Leave to Appeal granted ; 2. Notice of Appeal to be filed within seven days; 3. Appeal dismissed ; 4. Appellants to pay first respondent's costs of the appeal ; 5. Second respondent to pay own costs of the appeal.
CATCHWORDS: Privilege - public interest immunity - ss 129, 130 Evidence Act 1995 (NSW) - certificates and report of Medical Assessor under Motor Accidents Compensation Act 1999.
Motor Accidents Compensation Act 1999 Evidence Act 1995 (NSW) LEGISLATION CITED: Workmen's Compensation (Lead Poisoning - Broken Hill) Act 1926 National Insurance (Industrial Injuries) Act 1946 Migration Act 1958 (Cth)
Esso Australia Resources Ltd v The Commissioner of Taxation (1999) 201 CLR 49 Duke of Buccleuch v Metropolitan Board of Works (1871) LR 5 HL 18 O'Rourke v The Commissioner for Railways (1980) 15 App.Cas.371 Herijanto v Refugee Review Tribunal [2000] 170 ALR 437 Hennessy v BHP Co Ltd (1926) 38 CLR 342 CASES CITED: Ward v Shell-Mex and BP Ltd (1952) 1 KB 280 Lamb v Moss [1983] 49 ALR 533 Sutcliffe v Thackrah (1974) AC 727 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Ex parte Walsh and Johnson; In Re Yates (1925) 37 CLR 36 Epeabaka v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 397
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