NSW Caselaw
New South Wales Court of Appeal
CITATION: Gales v Lovett, McCracken & Bray [2008] NSWCA 171 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 18 July 2008
JUDGMENT DATE: 1 August 2008
JUDGMENT OF: Hodgson JA at 1; Ipp JA at 36; Hoeben J at 37
DECISION: Appeal dismissed with costs.
CATCHWORDS: WORKERS COMPENSATION - Disease of gradual process – Commutation under s 51 (now repealed) of the Workers Compensation Act 1987 (the Act) – Determination that liability of the employer in respect of the worker's skin cancer redeemed and commuted by a lump sum payment, and agreement by the worker that the lump sum removed liability under Division 4 of Part 3 – Following amendment of Division 4, worker claims a lump sum for permanent impairment for skin cancer – Whether deemed date of this injury the date of the claim, pursuant to s 15 of the Act – Whether liability for this injury removed by the commutation and lump sum payment – Whether removal of liability applied to the amended division 4.
LEGISLATION CITED: Workers Compensation Act 1987 (NSW) ss4, 15, 51, 65-67. Workers Compensation Act 1926 s 16
CATEGORY: Principal judgment
CASES CITED: Alto Fords Pty Ltd v Antaw [1999] NSWCA 234, (1999) 18 NSWCCR 246
PARTIES: Frank Albert GALES (Appellant) LOVETT McCRACKEN & BRAY PTY LIMITED (Respondent)
FILE NUMBER(S): CA 40708/07
COUNSEL: B G McMANAMEY (Appellant) L KING SC/ P L PERRY (Respondent)
SOLICITORS: Turner Freeman (Appellant) QBE In-House Legal (Respondent)
LOWER COURT JURISDICTION: Workers Compensation Commission
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate