| White
v Johnston (NSWCA) - assault and battery - dentist’s
treatment was not assault on patient - matter remitted confined to alternative
negligence claim
|
| BlueScope
Steel Ltd v Cartwright (NSWCA) – work injury damages – truck
accident - excessive speed – BlueScope Steel and insurer not liable – appeal
allowed
|
| Wilkinson
v C & M Leussink Pty Ltd (NSWSC) - workers compensation
- judicial review - jurisdictional error - decisions of Medical Appeal Panel
quashed
|
| Mordue
v QBE Insurance (Australia) Ltd (NSWSC) – motor accident
compensation – QBE bound by admission of liability despite withdrawal –
Assessor’s exemption of claim quashed
|
| Compass
Group Healthcare Hospitality Service Pty Ltd v Beaton (ACTSC) - workers compensation -
worker’s mental injury caused by employer’s unreasonable conduct - appeal
dismissed
|
| Summaries With Link (Five Minute Read) |
White v Johnston [2015] NSWCA 18
Court
of Appeal of New South Wales
Barrett,
Emmett & Leeming JJA
Assault
and battery - respondent patient alleged appellant dentist’s treatment
constituted assault and was negligently performed - primary judge found dentist
had committed assault and battery on patient - dentist contended evidence did
not establish absence of therapeutic purpose in treatments she performed, that primary
judge erred in relying on evidence admitted to demonstrate tendency to charge
for services not performed, and in waiving notice requirement - appellant also
contended exemplary damages were excessive - held: evidence did not establish
absence of therapeutic purpose - awarding of damages in error - decision to
admit evidence relating to malpractice overturned - matter remitted to District
Court confined to alternative claim in negligence.
White
[From Benchmark 20 February 2015] |
BlueScope Steel Ltd v
Cartwright
[2015] NSWCA 25
Court
of Appeal of New South Wales
Beazley
P; Ward & Emmett JJA
Work
injury damages - workers compensation - motor vehicle accident - employer
contracted with steel manufacturer for transport of steel in containers - truck
driver was driving prime mover with attached trailer containing heavy container
- truck driver claimed damages for injuries when trailer lurched and rolled -
Court held accident caused by tipping of unstable load and that both
manufacturer and employer breached duty of care to truck driver - manufacturer
had primary liability due to its inadequate packing system, which employer was
contractually required to follow - liability apportioned at 85% for steel
manufacturer - 15% for employer - held: accident would not have occurred unless
prime mover travelling at speed in excess of limit - truck driver failed to
establish inadequacy of wedges caused accident - truck driver entirely
responsible for injuries - appeal allowed.
BlueScope Steel Ltd
[From Benchmark 25 February 2015] |
Wilkinson v C & M Leussink
Pty Ltd
[2015] NSWSC 69
Supreme
Court of New South Wales
Harrison
AsJ
Workers
compensation - judicial review - plaintiff sought to quash decisions of Medical
Appeal Panel to revoke medical assessment certificate and to refuse to
reconsider its earlier decision - held: Appeal Panel did not exceed its
jurisdiction - Appeal Panel did not misconstrue its jurisdiction under s328(2) Workplace Injury Management and Workers
Compensation Act 1998 (NSW) by conducting a de novo review - Appeal Panel
considered impairment to plaintiff’s right leg not due to work-related injury
but rather to underlying arthritic condition - Appeal Panel made findings as to
causation and in doing so purported to exercise statutory function it did not have
- Panel failed to address s323 concerning assessment of permanent impairment amounted
to error - jurisdictional error - plaintiff denied procedural fairness -
decisions quashed.
Wilkinson
[From Benchmark 20 February 2015] |
Mordue
v QBE Insurance (Australia) Ltd
[2015] NSWSC 98
Supreme Court of New South Wales
Adams J
Motor accidents compensation – plaintiff
claimed against QBE under Motor Accidents
Compensation Act 1999 (NSW) (MACA) for injuries suffered in motor car rally
accident – plaintiff was passenger in vehicle driven by son - unregistered
vehicle permit under Road Transport
(Vehicle Registration) Act 1997 (NSW) issued in respect of vehicle attached
a third party insurance policy issued by QBE – QBE first admitted liability
then denied indemnity to driver - plaintiff sought to quash Claims Assessor’s
conclusion claim must be exempted from determination on basis QBE had denied
indemnity – s81 MACA – held: QBE bound by its notice admitting liability – no
room for exercise of discretion to exempt claim - granting relief sought could
not be regarded as potentially futile –decision quashed.
Mordue
[From Benchmark 24 February 2015] |
Compass Group Healthcare
Hospitality Service Pty Ltd v Beaton
[2015] ACTSC 18
Court
of Appeal of the Australian Capital Territory
Burns
J
Workers
compensation - worker sued appellant for mental injury arising out of or in
course of her employment with the appellant - appellant claimed any injury
sustained by worker was result of reasonable action taken by it in relation to
disciplining worker - Magistrate found appellant’s
unreasonable conduct in meeting cause worker’s injury - appellant appealed -
ss4, 31(1) & 197 Workers Compensation
Act 1951 (ACT) - held: no failure to make findings as to content of
discussion at meeting between worker and appellant’s human resources manager -
no failure to make finding as to worker’s emotional state during meeting - no failure
to provide sufficient reasons for concluding worker displayed an adverse reaction
and an emotional response to meeting process - Magistrate entitled to accept
worker’s evidence as to conduct of meetings - Magistrate did not make finding
that there was objective evidence available during meeting that worker was not
a person of normal fortitude - appeal dismissed.
Compass
Group Healthcare Hospitality Service Pty Ltd
[From Benchmark 23 February 2015] |
Where
They Lived
By Thomas Hardy
Dishevelled
leaves creep down
Upon that bank
to-day,
Some green, some yellow, and some pale brown;
The wet bents
bob and sway;
The once warm slippery turf is sodden
Where we
laughingly sat or lay.
The summerhouse
is gone,
Leaving a weedy
space;
The bushes that veiled it once have grown
Gaunt trees
that interlace,
Through whose lank limbs I see too clearly
The nakedness
of the place.
And where were
hills of blue,
Blind drifts of
vapour blow,
And the names of former dwellers few,
If any, people
know,
And instead of a voice that called, “Come in, Dears,”
Time calls,
“Pass below!”
Thomas Hardy
|
