NSW Caselaw
New South Wales Court of Appeal
CITATION: Murdoch v Davis [2005] NSWCA 466
HEARING DATE(S): 07/12/05
JUDGMENT DATE: 19 December 2005
JUDGMENT OF: Santow JA at 1; McColl JA at 2; Brownie AJA at 3
DECISION: 1.Grant leave to appeal; 2. Allow appeal, and set aside the judgment and orders of the District Court; 3. Remit matter to the District Court for retrial; 4. Order the opponent to pay the costs of the claimant of the appeal, but grant to the opponent a certificate under the Suitors' Fund Act 1951, if otherwise qualified; 5. The costs of the first trial should be in the discretion of the judge conducting the retrial.
CATCHWORDS: Evidence - a certificate under s 61 of the Motor Accidents Compensation Act 1999 is conclusive evidence as to the matters mentioned in subs (2)(a), (b) and (c), unless subs (6) is successfully invoked.
Motor Accidents Compensation Act 1999 Motor Accidents Act 1988 LEGISLATION CITED: Motor Accident Compensation Amendment (Medical Assessments) Act 2000 Suitors' Fund Act 1951
Gerald Murdoch - Appellant PARTIES: Bradley Robert Davis - Respondent
FILE NUMBER(S): CA 40232/05
Ms S Norton SC with Ms M M Fraser - Appellant COUNSEL: S G Campbell SC with I D Cullen - Respondent
Bryden's Law Office, Liverpool - Appellant SOLICITORS: Vandervords - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC3698/03
LOWER COURT JUDICIAL OFFICER: Bishop DCJ
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40232/05 DC 3698/03
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