Breen v Panloy Pty Ltd t/as Mynetrades & Ors [2016] NSWDC 410

The Court was not satisfied on the balance of probabilities that the plaintiff's hip conditions after 26 November 2010 were causally related to his work as a coal miner; the redemption sum proposed was therefore reasonable and approved by consent.

Parties: Plaintiff: Dennis Breen; First Defendant: Panloy Pty Ltd t/as Mynetrades; Second Defendant: UGM Engineers Pty Ltd; Third Defendant: Amberbolt Pty Ltd; Fourth Defendant: Statcoal Pty Ltd
Jurisdiction: Australia
Judgment Date: 24 February 2016
Procedural Posture: Workers Compensation / Application for Redemption; Consent Orders Approved
Outcome: Redemption application approved by consent; orders made in accordance with short minutes of order.
Legal Topics: Redemption Application, Causation, Medical Evidence

Workers Compensation Redemption Application Causation Medical Evidence

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Dennis Breen

Plaintiff

Panloy Pty Ltd t/as Mynetrades

First Defendant

UGM Engineers Pty Ltd

Second Defendant

Amberbolt Pty Ltd

Third Defendant

Statcoal Pty Ltd

Fourth Defendant

Procedural Posture

Workers Compensation / Application for Redemption; Consent Orders Approved

Legal Issues

1 Whether the plaintiff's hip conditions were causally related to his employment
2 Whether the sum proposed for redemption is adequate

Ratio Decidendi

Court Disposition

Redemption application approved by consent; orders made in accordance with short minutes of order.

Orders

Redemption by consent approved
Orders made in accordance with short minutes of order