NSW Caselaw
Reported Decision : 64 NSWLR 131
New South Wales Court of Appeal
CITATION: Landon v Ferguson [2005] NSWCA 395
HEARING DATE(S): 10/11/05
JUDGMENT DATE: 23 November 2005
JUDGMENT OF: Hodgson JA at 1; Santow JA at 2; Ipp JA at 3
DECISION: (1) Application for leave to appeal upheld (2) Appeal dismissed with costs.
CATCHWORDS: INSURANCE - injury to employee - Claim by train guard injured on train - Public transport - Relationship between s 151E of the Workers Compensation Act 1987 (NSW) and Chapter 5 of the Motor Accidents Compensation Act 1999 (NSW) - Meaning of "caused by or arising out of" the use of public transport under s 121 of the Transport Administration Act 1988 (NSW). D
Motor Accidents Compensation Act 1999 (NSW), Chapter 5 Workers Compensation Act (1987 (NSW), ss 150, 151E LEGISLATION CITED: Workplace Injury Management Act and Workers Compensation Act 1998 (NSW) Transport Administration Act 1988 (NSW), ss 121(1), 121(3)
Allianz Australia Insurance Ltd v GSF Australia Pty Ltd (2005) 215 ALR 385 Clement v Clement (1984) 1 MVR 435 Fawcett v BHP By-Products Pty Ltd (1960) 104 CLR 80 CASES CITED: Lamont v Motor Accidents Board (1983) 1 VR 88 NSW Government Insurance Office v R J Green & Lloyd Pty Ltd (1966) 114 CLR 437 NSW Insurance Ministerial Corporation v Handford (1994) 35 NSWLR 187
Catherine Jean Landon as Executrix of the Estate of the Late David Landon (Claimant) PARTIES: Judyth Ferguson (Opponent)
FILE NUMBER(S): CA 40171/05
G M Watson SC/T A Berberian (Claimant) COUNSEL: G Little SC/A Capelin (Opponent)
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