Brockman v Serco Sodexo Defence Services Pty Ltd [2016] NSWCA 41

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Brockman v Serco Sodexo Defence Services Pty Ltd [2016] NSWCA 41 Hearing dates: 11 March 2016 Date of orders: 11 March 2016 Decision date: 16 March 2016 Before: Leeming JA; Simpson JA Decision: Summons seeking leave to appeal dismissed, with costs. Catchwords: APPEALS – application for leave to appeal – judgment below $100,000 threshold – no question of principle – applicant failed to make out a clear case of injustice – leave refused Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D Workers Compensation Act 1987 (NSW), s 151Z Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Polo Enterprises Australia Pty Ltd v Pinctada Hotels and Resorts Pty Ltd [2015] NSWCA 397 Category: Principal judgment Parties: Nigel Brockman (Applicant) Serco Sodexo Defence Services Pty Ltd (Respondent) Representation: Counsel: K Rewell SC (Applicant) L King SC, P Rickard (Respondent)

Solicitors: McInnes Wilson Lawyers NSW (Applicant) Stiles Lawyers (Respondent) File Number(s): 2015/316804 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 1 October 2015 Before: Norton DCJ File Number(s): 2014/131300