NSW Caselaw
New South Wales Court of Appeal
CITATION: COASTWIDE STEEL & METAL WORK PTY LIMITED v DOUGLAS [2008] NSWCA 173
HEARING DATE(S): 14 July 2008
JUDGMENT DATE: 5 August 2008
JUDGMENT OF: Allsop P at 1; Ipp JA at 40; Basten JA at 41
1. Appeal allowed. 2. Set aside the orders of the District Court made on 29 June 2007, other than as to costs. DECISION: 3. Within 7 days, the parties inform the Court of either their agreement or disagreement as to the operation in the circumstances of the Workers Compensation Act 1987, s151A; and, if there be disagreement, within a further 21 days the parties file and serve competing written submissions on the subject. 4. There be no order as to costs. 5. Stand over the making of further orders, pending the receipt of any note of agreement or competing submissions referred to in 3 above.
CATCHWORDS: TORTS – DAMAGES – whether assessment of damages for personal injuries excessive – past and future economic loss and contributory negligence - STATUTES – meaning of "proceedings".
Motor Accidents Compensation Act 1999 (NSW) LEGISLATION CITED: Workers Compensation Act 1987 (NSW) Workers Compensation Legislation Further Amendment Act 2001
CATEGORY: Principal judgment
Asplundh Tree Expert (Australia) Pty Limited v Robertson [2005] NSWCA 471 CASES CITED: Dyldam Developments Pty Limited v Jones [2008] NSWCA 56 Fox v Wood (1981) 148 CLR 438
PARTIES: COASTWIDE STEEL & METAL WORK PTY LIMITED Jason James DOUGLAS
FILE NUMBER(S): CA 40468/07
COUNSEL: Appellant: J Jobson Respondent: K P Rewell SC/ R Goodridge
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