NSW Caselaw
New South Wales Court of Appeal
CITATION: Plexvon Pty Ltd (In liq) v Brophy [2006] NSWCA 304
HEARING DATE(S): 23 October 2006
JUDGMENT DATE: 23 October 2006
JUDGMENT OF: Handley JA at 1, 29; Beazley JA at 27; Bryson JA at 28
DECISION: (1) Appeal dismissed with costs.; (2) The appellant is to pay the respondent's costs on an indemnity basis from 7 July 2006 the date of the offer of compromise, and his costs on the ordinary basis prior to that date.
CATCHWORDS: DAMAGES – economic loss – total incapacity – work related expenses saved – onus of proof - MASTER & SERVANT – whether contractor company or individual – Court acts on real arrangement - D
LEGISLATION CITED: Workers Compensation Act 1987
Husher v Husher (1999) 197 CLR 138 CASES CITED: Medlin v State Government Insurance Commission (1995) 182 CLR 1 Reg v Foster Ex parte Commonwealth Life (Amalgamated) Assurances Limited (1952) 85 CLR 138
PARTIES: Plexvon Pty Ltd (In liq) (Appellant) John William Brophy (Respondent)
FILE NUMBER(S): CA 40097 of 2006
COUNSEL: P Greenwood SC/J Dodd (Appellant) H Kelly SC/T McKenzie (Respondent)
SOLICITORS: Dibbs Abbott Stillman (Appellant) Graham Jones (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 9132 of 2000
LOWER COURT JUDICIAL OFFICER: Shadbolt DCJ
LOWER COURT DATE OF DECISION: 3 February 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40097 of 2006 DC 9132 of 2000
HANDLEY JA BEAZLEY JA BRYSON JA
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