Butler v Yancoal Australia Pty Ltd [2022] NSWDC 734
The need for the Plaintiff's hip replacement surgery was not work-related, being constitutional and not caused or aggravated by work as a coal miner; therefore, the redemption sum is adequate and approved.
- Parties
- Plaintiff: Darren Butler; Defendant: Yancoal Australia Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 14 December 2022
- Procedural Posture
- Civil / Application for Redemption Approval
- Outcome
- Redemption approved
- Legal Topics
- Redemption, Court Approval, Degenerative Disc Disease, Hip Replacement, Work Related Injury
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 1
Parties
Darren Butler
Plaintiff
Yancoal Australia Pty Ltd
Defendant
Procedural Posture
Civil / Application for Redemption Approval
Legal Issues
- 1 Whether the Plaintiff's need for hip replacement surgery was work-related and compensable
- 2 Whether the redemption sum adequately compensates the Plaintiff for his condition
Ratio Decidendi
The need for the Plaintiff's hip replacement surgery was not work-related, being constitutional and not caused or aggravated by work as a coal miner; therefore, the redemption sum is adequate and approved.
Court Disposition
Redemption approved
Orders
- I approve the redemption. By consent, orders in accordance with short minutes of order, which I initial and place with the papers.
Full Case Text
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