NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court - 26 August 2008
New South Wales Court of Appeal
CITATION: Sea Coatings (Australia) Pty Limited & Anor v Pascoe & Ors [2008] NSWCA 54
HEARING DATE(S): 4 March 2008
JUDGMENT DATE: 7 April 2008
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 2; Handley AJA at 3
CA 40371 of 2007 1. Leave to appeal granted. 2. The appellants to file their Notice of Appeal within ten days. 3. Appeal allowed with costs. 4. Order of Associate Justice Harrison granting leave under s 151D(2) of the Workers' Compensation Act to commence proceedings set aside. 5. In lieu thereof order that the Notice of Motion of 22 December 2003 be dismissed with costs as against the appellants. DECISION: 6. Respondent to have a certificate under the Suitors' Fund Act. CA 40372 of 2007 1. Leave to appeal granted. 2. The appellant to file its Notice of Appeal within ten days. 3. Appeal allowed with costs. 4. Order of Associate Justice Harrison granting leave under s 151D(2) of the Workers' Compensation Act to commence proceedings against the appellant set aside. 5. In lieu thereof order that the Notice of Motion of 22 December 2003 be dismissed with costs as against this appellant. 6. Respondent to have a certificate under the Suitors' Fund Act.
CATCHWORDS: LIMITATION OF ACTIONS - WORKERS' COMPENSATION ACT s 151D(2) - Employer liable to pay compensation - Disease contracted or aggravated by nature and conditions of employment - Under ss 15 and 16 only last employer liable to pay compensation - common law claims against other employers within Limitation Act - WORKERS' COMPENSATION -Disease contracted or aggravated by nature and conditions of employment - Under ss 15 and 16 for purposes of Act only last employer liable for compensation - Sections 15 and 16 not directly relevant to sections dealing with damages - WORKERS' COMPENSATION - WORKERS' COMPENSATION ACT s 151D(2) - Employer liable to pay compensation - Disease contracted or aggravated by nature and conditions of employment - Under ss 15 and 16 only last employer liable to pay compensation - common law claims against other employers within Limitation Act
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