NSW Caselaw
New South Wales Court of Appeal
CITATION: Illawarra Area Health Service v Cameron [2005] NSWCA 159
HEARING DATE(S): 28 February 2005
JUDGMENT DATE: 12 May 2005
JUDGMENT OF: Santow JA at 1; Campbell AJA at 90
DECISION: Appeal upheld in part. Appellant to pay the respondent's costs of the appeal.
CATCHWORDS: DAMAGES - whether video evidence corroborated respondent's evidence - whether there was failure to have regard to the vocational assessment performed by the Vocational Psychologist - whether assessment of future loss of earning capacity was in error - whether the discretionary determination of allowance for future domestic assistance outside range of available discretion warranting appellate intervention.
Workers Compensation Act s151K LEGISLATION CITED: Workers Compensation Legislation Further Amendment Act 2001
Fox v Percy (2003) 214 CLR 118 Matchan v Lyons (2003) NSWCA 384 CASES CITED: Sullivan v Gordon (1999) 47 NSWLR 319 Van Gervan v Fenton (1991-92) 175 CLR 327
ILLAWARRA AREA HEALTH SERVICE (Appellant) PARTIES: Samantha CAMERON (Respondent)
FILE NUMBER(S): CA 40168/04
K P REWELL, SC/ J CLYNE (Appellant) COUNSEL: J McINTYRE, SC/ D MORGAN (Respondent)
Turks Legal (Appellant) SOLICITORS: Russell McLelland Brown (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 327/01
LOWER COURT JUDICIAL OFFICER: Goldring DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40168/04 DC 327/01
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