NSW Caselaw
New South Wales Court of Appeal
CITATION: Birdon Marine Pty Limited v Glenn Alexander Jepp [2009] NSWCA 147
HEARING DATE(S): 17 February 2009
JUDGMENT DATE: 17 June 2009
JUDGMENT OF: Allsop P at 1; Beazley JA at 69; Handley AJA at 70
DECISION: Appeal dismissed. The appellant to pay the costs of the first and second respondents.
CATCHWORDS: WORKERS' COMPENSATION - alternative rights against employer and/or third parties and consequences thereof - rights of and against third parties – Workers Compensation Act 1987 (NSW) – s 151Z – successive injuries where second injury causally related to the first injury - third party liable for both injuries and compensation payable under Workers Compensation Act by employer– operation of s 151Z – deductions from judgment to value past paid compensation and future payable compensation- whether principles in Kempsey District Hospital v Thackham (1995) 36 NSWLR 492 correctly applied by trial judge –consideration of conduct of proceedings below - deductions to be dealt with consistent with how submissions were put below – appeal dismissed - WORKERS' COMPENSATION - liability of employer – successive injuries where second injury causally related to the first injury – responsibility for second injury - second injury occurred in conformance with work restrictions suggested by employer – no negligence by employer in relation to second industry - WORKERS' COMPENSATION - assessment and amount of compensation - Workers Compensation Act 1987 (NSW) – s151H and s151Z
LEGISLATION CITED: Workers Compensation Act 1926 (NSW) Workers Compensation Act 1987 (NSW)
CATEGORY: Principal judgment
Adams v Ascot Iron Foundry Pty Ltd (1968) 72 SR (NSW) 120 Dudley v Condell Park Carrying Co Pty Ltd (1988) 4 NSWCCR 58 Government Insurance Commission v Oakley (1990) Aust Torts Rep 81-003 Hood Constructions Pty Ltd v Nicholas (1987) 9 NSWLR 60 Kempsey District Hospital v Thackham (1995) 36 NSWLR 492 CASES CITED: Kornjaca v Steel Mains Pty Ltd [1974] 1 NSWLR 343 Mancini v Thompson [2002] NSWCA 38 Manser v Spry [1994] HCA 50; 181 CLR 428 Multicon Engineering Pty Ltd v Federal Airports Corporated (2000) 47 NSWLR 631 Paris v Stepney Borough Council [1951] AC 367 Vanramer Pty Ltd v Higgins (1991) 24 NSWLR 661
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