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Archive for December 2017

Recovery of compensation payments

The question to be determined by the Court was whether Parkes Shire Council was able to recover payments of workers’ compensation from South West under s 151Z of the Workers Compensation Act 1987 (NSW).  

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"Dangerous recreational activity" is not confined to non-professional sports

The appellant was a professional jockey who suffered serious injuries when his horse fell in a race at Queanbeyan Racecourse. The respondent, also a professional jockey, was riding in the same race. The appellant claimed that his injuries, loss and damage were caused by the respondent’s negligence or breach of duty by riding in such…

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Administrative law

ADMINISTRATIVE LAW – judicial review – reviewable decisions and conduct – motor accident – proper construction of s 63 of the Motor Accidents Compensation Act 1999 (NSW) and the Medical Assessment and Permanent Impairment Guidelines – whether review panel conducted its new assessment in accordance with requirements of s 63 and the applicable Guidelines –…

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Professional liability, limitation periods and summary dismissal

(1)   The respondent’s causes of action accrued once the impact of the settlement of the first WC claim became “known or apparent”. According to his pleaded and particularised case, that occurred on or around the date of his knee surgery in November 2007, at which time he suffered measurable damage for the purposes of both his…

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