NSW Caselaw
New South Wales Court of Appeal
CITATION: Eastside Scaffolding v Kazic [2008] NSWCA 146
HEARING DATE(S): 15/5/08
JUDGMENT DATE: 25 June 2008
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 2; Bell JA at 3
DECISION: Appeal and cross-appeals dismissed with costs.
CATCHWORDS: TORTS NEGLIGENCE – challenge to judge's factual finding – alleged failure to give adequate reasons – parol evidence rule not applicable to claim - DAMAGES – significance of inaccurate history given to expert medical witnesses
LEGISLATION CITED: Civil Liability Act 2002 (NSW) Workers Compensation Act 1987 (NSW)
CATEGORY: Principal judgment
Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Codelfa Construction Propriety Limited v State Rail Authority of New South Wales (1982) 149 CLR 337 Gordon v MacGregor (1909) 8 CLR 316 Hope v RCA Photophone of Australia Pty Ltd (1937) 59 CLR 348 CASES CITED: House v The King (1936) 55 CLR 499 Inglis v John Buttery & Co (1878) 3 App Cas 522 Jones v Dunkel (1959) 101 CLR 298 Moran v McMahon (1985) 3 NSWLR 700 Paric v John Holland (Constructions) Pty Ltd (1985) 62 ALR 85 The King v The Inhabitants of Cheadle 110 ER 306
Eastside Scaffolding and Rigging Pty Ltd (In Liquidation) (Appellant) Mesud Kazic (1st Respondent) PARTIES: GIO Workers Compensation (NSW) Limited (2nd Respondent) John Holland Pty Limited (3rd Respondent) Waco Kwikform Limited (4th Respondent)
FILE NUMBER(S): CA 40746/07
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