George v Survery [2009] NSWSC 5

New South Wales Supreme Court

CITATION : George v Survery [2009] NSWSC 5

HEARING DATE(S) : 18 December 2008

JUDGMENT DATE : 12 January 2009

JUDGMENT OF : Harrison J

DECISION : 1. I declare that the plaintiff's injury for which compensation is payable under the Act was caused under circumstances creating a liability in the defendant to pay damages in respect of the injury. 2. Costs are reserved.

CATCHWORDS : WORKERS' COMPENSATION – alternative rights against employer and third party – where worker who suffered a work-related injury from a heart condition received compensation from employer – where worker later claimed damages from his medical practitioner for breach of duty in his treatment of the worker's cardio myopathy and ventricular failure - Workers Compensation Act 1987 s 151Z(1) – UCPR rule 28(2) – separate determination of question whether worker's injury for which compensation was payable under the Act was caused under circumstances creating a liability in the medical practitioner to pay damages in respect of the injury

LEGISLATION CITED : Workers' Compensation Act 1987

CATEGORY : Procedural and other rulings

Dudley v Condell Park Carrying Co Pty Limited (1988) 4 NSWCCR 58 CASES CITED : Franklins Self Serve Pty Ltd v Wyber [1999] NSWCA 390; (1999) 48 NSWLR 249 Kornjaca v Steel Mains Pty Ltd [1974] 1 NSWLR 343 Russell v J J Woods & Sons Carriers Pty Ltd [2002] NSWCC 38

PARTIES : Kevin George (Plaintiff) Dr Hafizur Survery (Defendant)

FILE NUMBER(S) : SC 20221 of 2006

COUNSEL : D E Graham (Plaintiff) M I Bozic SC (Defendant)

SOLICITORS : Slater & Gordon Limited (Plaintiff) Paul Tsaousidis (Defendant)