NSW Caselaw
New South Wales Court of Appeal
CITATION: Albert Edward Jessing v Pegasus Venue Management Pty Ltd [2008] NSWCA 77
HEARING DATE(S): 23 April 2008
JUDGMENT DATE: 23 April 2008
JUDGMENT OF: McColl JA at 21; Handley AJA at 2; Mathews AJ at 22
EX TEMPORE JUDGMENT DATE: 23 April 2008
1. Appeal allowed with costs. 2. Judgment of the District Court set aside. DECISION: 3. Cross appeal dismissed, with no order as to costs. 4. Action remitted to the District Court for a new trial on all issues before a different judge. 5. The respondent to have a certificate under the Suitors' Fund Act. 6. The costs of the first trial to abide the order of the judge presiding at the second trial.
CATCHWORDS: JUDGES - Duty to give reasons - No question of principle
LEGISLATION CITED: Workers' Compensation Act 1987 Suitors' Fund Act 1951
CATEGORY: Principal judgment
PARTIES: Albert Edward Jessing (Appellant) Pekasus Venue Management Pty Ltd (Respondent)
FILE NUMBER(S): CA 40624/07
COUNSEL: P Mahoney SC/G Young (Appellant) S Campbell SC/J G Stewart (Respondent)
SOLICITORS: Beilby Poulden Costello (Appellant) Ebsworth & Ebsworth (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 848/06
LOWER COURT JUDICIAL OFFICER: Hughes DCJ
LOWER COURT DATE OF DECISION: 23 August 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40624/07
MCCOLL JA HANDLEY AJA MATHEWS AJA
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