Shekhani v Ardino [2009] NSWCA 361

New South Wales Court of Appeal

CITATION: Shekhani v Ardino [2009] NSWCA 361

HEARING DATE(S): 29 September 2009

JUDGMENT DATE: 9 November 2009

JUDGMENT OF: Ipp JA at 1; Bergin CJ in Eq at 110; Handley AJA at 111

DECISION: Appeal dismissed with costs

CATCHWORDS: TORTS - negligence – professional negligence – alleged work accident– appellant's workers' compensation proceedings against employer settled - appellant alleged respondent failed to advise him as to his common law rights against his employer – trial judge found that appellant did not sustain a work accident –trial judge found that the appellant's allegation of a work accident was made fraudulently – trial judge found that where a claim is made fraudulently no damages should be awarded - trial judge's findings upheld

LEGISLATION CITED: Workers Compensation Act 1987 (NSW)

CATEGORY: Principal judgment

Abalos v Australian Postal Commission [1990] HCA 47; (1990) 171 CLR 167 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 CASES CITED: CSR Limited v Della Maddalena [2006] HCA 1; (2006) 224 ALR 1 Devries v Australia National Railway Commission [1993] HCA 78; (1993) 177 CLR 472 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Johnson v Perez [1988] HCA 64; (1998) 166 CLR 351 Phillips v Bisley & Ors [1997] NSWCA 246

PARTIES: Jowhar Shekhani (Appellant) Rocco Michael Ardino (Respondent)

FILE NUMBER(S): CA CA 40064/09

COUNSEL: S Norton SC; M Fraser (Appellant) D L Williams SC; P S Braham (Respondent)

SOLICITORS: L J Sharpe & Co Lawyers (Appellant) Yeldham Price O'Brien Lusk (Respondent)