NSW Caselaw
New South Wales Court of Appeal
CITATION: Hamze v Bradstreet [2008] NSWCA 191
HEARING DATE(S): 9 July 2008
JUDGMENT DATE: 18 August 2008
JUDGMENT OF: Hodgson JA at 1; Ipp JA at 2; Handley AJA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: NEGLIGENCE - solicitor - negligent advice - worker's alternative rights - loss of common law rights - causation - worker's hypothetical decision on receipt of proper advice - trial judge not persuaded worker would have elected to sue at common law
LEGISLATION CITED: Workers' Compensation Act 1987 Workplace Injury Management and Workers' Compensation Act 1998
CATEGORY: Principal judgment
CASES CITED: Leotta v Public Transport Commission (1976) ALJR 666 Water Board v Moustakas (1988) 180 CLR 491
PARTIES: Fawaz Hamze (Appellant) Michael E Bradstreet (Respondent)
FILE NUMBER(S): CA 40307/07
COUNSEL: D Kennedy SC/I Newbrun (Appellant) W C Muddle SC/J Downing (Respondent)
SOLICITORS: Kheir & Associates (Appellant) Yeldham Lloyd Associates (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 19911/05
LOWER COURT JUDICIAL OFFICER: Rein DCJ
LOWER COURT DATE OF DECISION: 18 April 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40307/07 DC 19911/05
HODGSON JA IPP JA HANDLEY AJA
MONDAY 18 AUGUST 2008 FAWAZ HAMZE v MICHAEL E BRADSTREET
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