Jessop v Central Sydney Area Health Service [2004] NSWSC 692

New South Wales Supreme Court

CITATION : Jessop v Central Sydney Area Health Service [2004] NSWSC 692 HEARING DATE(S) : 20/10/03 - 24/10/03; 02/02/04 - 06/02/04; 09/02/04 - 12/02/04; 16/02/04 - 20/02/04; 23/02/04 - 26/02/04 JUDGMENT DATE : 23 August 2004

JUDGMENT OF : Dowd J at 1 DECISION : Verdict for the Plaintiff; all matters not determined herein reserved; liberty reserved to the Parties to approach the List Judge to assign a judge to complete the orders made on any matter yet to be completed; Defendant to pay the Plaintiff's costs of and incidental to the proceedings

CATCHWORDS : Workplace injury - unsafe system of work - failure to follow direction to provide light duties - accumulation of injuries - compensation threshold LEGISLATION CITED : Workers Compensation Act 1987 Heuston v Yore Contractors Pty Limited, unreported NSWSC, 9 March 1992 CASES CITED : Makita v Sprowles (2001) 52 NSWLR 705 R v Turner 1975 QB 834 PARTIES : Su Ju Jessop Central Sydney Area Health Service FILE NUMBER(S) : SC 20091/02 COUNSEL : Plaintiff: Mr G B Hall, Mr C J Whitelaw Defendant: Mr J Poulos, Mr C Butler SOLICITORS : Plaintiff: Neville Wyatt Lawyers Defendant: PW Turk & Associates, Solicitors

- 34 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DOWD J

Monday, 23 August 2004

20091/02 SU JU JESSOP v CENTRAL SYDNEY AREA HEALTH SERVICE

JUDGMENT 1 DOWD J: The Plaintiff originally commenced proceedings in the District Court by way of Ordinary Statement of Claim against the Defendant as a body incorporated by statute, having the control of premises known as the United Dental Hospital ("UDH") at 2 Chalmers Street, Surry Hills, where the Plaintiff was employed by the Plaintiff as a dental assistant.