NSW Caselaw
New South Wales Court of Appeal
CITATION: Le Brocq v Workcover [2008] NSWCA 125 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 26/05/2008
JUDGMENT DATE: 2 June 2008
JUDGMENT OF: Tobias JA at 1; Gzell J at 2; Rein J at 3
DECISION: 1. Appeal dismissed. 2. Appellant to pay Workcover's costs.
CATCHWORDS: WORKERS COMPENSATION - No error of law in finding that employment was not a substantial contributing factor to appellant's injury - s 9A Workers Compensation Act
LEGISLATION CITED: Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation Act 1987
CATEGORY: Principal judgment
Dayton v Coles Supermarkets Pty Ltd (2001) 22 NSWCCR 46 Hope v The Council of the City of Bathurst (1980) 144 CLR 1 CASES CITED: Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 McMahon v Lagana & Anor [2004] NSWCA 164 Hatzimanolis v ANI Corporation (1992) 173 CLR 473 Mercer v ANZ Banking Group Limited (2000) 20 NSWCCR 70
PARTIES: Marcus Le Brocq (Appellant) Workcover Authority of New South Wales (Respondent)
FILE NUMBER(S): CA 550007/05
COUNSEL: I Roberts SC (Appellant) J Maconachie QC / D Saul (Respondent)
SOLICITORS: Kingston Swift (Appellant) DLA Phillips Fox (Respondent)
LOWER COURT JURISDICTION: Workers Compensation Commission
LOWER COURT FILE NUMBER(S): WCC7626-06
LOWER COURT JUDICIAL OFFICER: Acting Deputy President Martin
LOWER COURT DATE OF DECISION: 06/06/2007
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