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Court Reports

803, 2019

Perez v Northern Territory Department of Correctional Services [2016] FCA 476

March 8th, 2019|

Employer Performance Reviews & Performance Management On the issue of employee performance reviews and performance management, employers may be able to take comfort from the decision in Perez v Northern Territory Department of Correctional Services

712, 2018

Hunter Quarries Pty Ltd v Alexandra Mexon as Administrator for the Estate of the late Ryan Messenger the Late Ryan Messenger [2018] NSWCA 178.

December 7th, 2018|

The NSW Court of Appeal has found that there is no entitlement to permanent impairment compensation under section 66 of the Workers Compensation Act 1987 (NSW) (the Act) where a workplace injury is so serious that death ‘inevitably’ follows.

2405, 2017

Campbell v AAI Limited t/as GIO [2017] NSWSC 560

May 24th, 2017|

On 18 September 2011, Mr Grahame Campbell (the plaintiff) was involved in a motor vehicle accident as a passenger in a vehicle driven by a colleague from the Marine Rescue. The plaintiff commenced a claim against the defendant’s CTP Insurer, GIO pursuant to the Motor Accidents Compensation Act 1999 (NSW). Mr Campbell alleged that he was entitled to compensation for, inter alia, non-economic loss damages (also known as pain and suffering). In order to be eligible for non-economic loss damages under New South Wales legislation, a claimant’s degree of permanent impairment as a result of the injury caused by the motor accident must be greater than 10% (Section 131 of the Motor Accidents Compensation Act 1999 (NSW).

1801, 2017

Harrington Estates (NSW) Ltd t/as Harrington Grove Country Club v Turner [2016] NSWCA 369

January 18th, 2017|

Mr Turner (the plaintiff) attended the wedding of his daughter at the Harrington Grove Country Club. Later in the night the plaintiff carried the remainder of the wedding cake to the boot of his car, located in the Club car park. At the rear of the parking bay was a concrete kerb immediately followed by a garden bed. After closing the boot of his car the plaintiff stepped back into the garden bed, causing him to fall and suffer serious injuries. The plaintiff brought a claim against the Club and the architect, Hassell Ltd, which had been retained to provide architectural and landscape design services at the site.
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