NSW Caselaw
New South Wales Supreme Court
CITATION : Advanced Arbor Services Pty Limited v Phung [2009] NSWSC 1331
HEARING DATE(S) : 25 March 2009, 26 March 2009, 27 March 2009
JUDGMENT DATE : 2 December 2009
JUDGMENT OF : Johnson J at 1
DECISION : Verdict for the Plaintiff with costs (see [138]).
CATCHWORDS : WORKERS COMPENSATION - insurance - worker suffers workplace injury - worker is trainee under Australian Traineeship System - worker referred to dentist for treatment - dentist performs unnecessary and excessive treatment - treatment so inexcusably bad as to constitute novus actus interveniens - payments made to dentist by insurer - action by insurer in name of employer to recover monies paid to dentist - whether proceedings may be brought in name of employer - subrogation - restitution/unjust enrichment - contract - misleading or deceptive conduct - relief granted
Workers Compensation Act 1987 Dentists Act 1989 Dental Practice Act 2001 Civil Procedure Act 2005 Workers Compensation Legislation Amendment (Trainees) Act 2003 Government Insurance Office (Privatisation) Act 1991 Government Insurance Act 1927 LEGISLATION CITED : NSW Self Insurance Corporation Act 2004 Workers Compensation Legislation Amendment Act 1998 Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation Legislation Further Amendment Act 2001 Trade Practices Act 1974 (Cth) Fair Trading Act 1987 (NSW) Civil Liability Act 2002 Health Care Complaints Act 1993
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