NSW Caselaw
New South Wales Court of Appeal
CITATION: Adams v Fletcher International Exports Pty Ltd [2008] NSWCA 238 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 23 September 2008
JUDGMENT DATE: 2 October 2008
JUDGMENT OF: Allsop P at 1; Giles JA at 2; Handley AJA at 3
DECISION: (1) Appeal dismissed. (2) Appellant to pay the respondent's costs.
CATCHWORDS: WORKERS' COMPENSATION - Alternative rights - Whether damages recovered - Whether rights to compensation lost
LEGISLATION CITED: Workers' Compensation Act 1987 Workplace Injury Management and Workers' Compensation Act 1998
CATEGORY: Principal judgment
Luya Julius Pty Ltd v Shepherd [1955] HCA 44 CASES CITED: Smith v Commonwealth Oil Refineries Ltd [1938] HCA 33 Watson v Newcastle Corporation [1962] HCA 6
PARTIES: Anthony Thomas Adams (Appellant) Fletcher International Exports Pty Ltd (Respondent)
FILE NUMBER(S): CA 40830/07
COUNSEL: L King SC/ J Dodd (Appellant) G M Watson SC /D G Saul (Respondent)
SOLICITORS: McCabe Partners Lawyers (Appellant) Leigh Virtue & Associates (Respondent)
LOWER COURT JURISDICTION: Workers' Compensation Commission
LOWER COURT FILE NUMBER(S): WCC927-05
LOWER COURT JUDICIAL OFFICER: Acting Deputy President O'Grady
LOWER COURT DATE OF DECISION: 24 January 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40830/2007
ALLSOP P GILES JA HANDLEY AJA
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