NSW Caselaw
New South Wales Court of Appeal
CITATION: GOODMAN FIELDER t/as Meadow Lea v Darren SYKESGOODMAN FIELDER t/as Meadow Lea v INTEGRATED WORKFORCE [2005] NSWCA 220
HEARING DATE(S): 6 June 2005
JUDGMENT DATE: 30 June 2005
JUDGMENT OF: Mason P at 1; McColl JA at 57; Hunt AJA at 58
DECISION: Appeal dismissed with costs
CATCHWORDS: NEGLIGENCE - forklift accident in the course of employment - breach of duty of care - failure to provide safe working equipment / safe system of work - damages with respect to future loss of income - s126 Motor Accidents Compensation Act 1999 - "cushion" award - most likely future circumstances - stated intention of plaintiff to retire. (ND)
Motor Accidents Compensation Act 1999 LEGISLATION CITED: Civil Liability Act 2002
TNT Australia Ltd v Christie [2003] NSWCA 47 CASES CITED: Lanza v Codemo [2001] NSWSC 845
GOODMAN FIELDER t/as Meadow Lea Darren SYKES PARTIES: INTEGRATED WORKFORCE
FILE NUMBER(S): CA 40485/04; 40823/04
Appellant: L King SC/ I Cullen COUNSEL: Respondents: A Parker (Integrated Workforce) J Sexton SC/ P Regattieri (Sykes)
Appellant: Eakin McCaffery Cox SOLICITORS: Respondents: Moroney Betts (Integrated Workforce) Doherty Partners (Sykes)
LOWER COURT JURISDICTION: District Court
DC 1264/03 LOWER COURT FILE NUMBER(S): DC 6922/02
LOWER COURT JUDICIAL OFFICER: Murrell DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40485/04 CA 40823/04
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