ABALink Early Intervention Services Pty Ltd v Danford [2019] NSWCA 97

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: ABALink Early Intervention Services Pty Ltd v Danford [2019] NSWCA 97 Hearing dates: 1 May 2019 Decision date: 06 May 2019 Before: Leeming JA; Payne JA Decision: Summons seeking leave to appeal filed on 16 January 2019 dismissed, with costs. Catchwords: APPEAL – leave – defendant sought leave to appeal from leave granted pursuant to Workers Compensation Act 1987 (NSW), s 151D – whether error of principle – whether material error in application of principle to facts – significance of arguments now sought to be advanced which were not put to primary judge – leave refused Legislation Cited: Workers Compensation Act 1987 (NSW), ss 151D, 151H Cases Cited: Age Co Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Be Financial Pty Ltd v Das [2012] NSWCA 164 Choy v Tiaro Coal Ltd (in liq) [2018] NSWCA 205 Gower v New South Wales [2018] NSWCA 132 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Category: Principal judgment Parties: ABAlink Early Intervention Services Pty Ltd (applicant) Albert Billy Danford (respondent) Representation: Counsel: P Morris SC (applicant) BJ Gross QC (respondent)

Solicitors:

Moray & Agnew (applicant) PK Simpson & Co (respondent) File Number(s): 2018/349622 Publication restriction: None Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Civil Citation: None Date of Decision: 19 October 2018 Before: Norton SC DCJ File Number(s): 2018/00059452