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Issue estoppel, res judicata and abuse of process with a twist of s. 151Z of the Workers Compensation Act, 1987 May 29, 2019

IAG Limited trading as NRMA Insurance v Lucic [2019] NSWSC 620

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5B abuse of process actual knowledge administrative review appeal apportionable claim assault balance of probabilities blameless motor accident causation construction contempt contributory negligence costs damage dangerous recreational activity domestic assistance duty of care economic loss error error on the face of the record insurance issue estoppel judicial review jurisdictional error leave to appeal motor accident negligence non-economic loss obvious risk onus of proof orders pleadings police public authority reasons recent cases res judicata retainer solicitor statutory construction summary dismissal summary disposal TPD Workers Compensation Act 1987 (NSW) – s 151Z(1)(d)

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