Baird v Ray Cars [2001] NSWCC 61

Baird v Ray Cars [2001] NSWCC 61

The applicant failed to discharge the onus of proof on the balance of probabilities that he suffered injury to his shoulder on 10 May 1997 in the course of his employment; the evidence suggested the injury was more likely due to lifting weights.

Parties
Applicant: Noel Baird; Respondent: Ray Cars Pty. Ltd.; Respondent: WorkCover Authority of New South Wales
Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Workers Compensation / Judgment
Outcome
award in favour of both respondents
Legal Topics
Elements of Workers Compensation, Proceedings to Obtain Compensation
Workers Compensation Elements of Workers Compensation Proceedings to Obtain Compensation

Case Brief

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Parties

Noel Baird

Applicant

Ray Cars Pty. Ltd.

Respondent

WorkCover Authority of New South Wales

Respondent

Procedural Posture

Workers Compensation / Judgment

Legal Issues

  1. 1 Whether the applicant, a deemed worker, suffered injury to his right shoulder in the course of his employment on 10 May 1997

Ratio Decidendi

The applicant failed to discharge the onus of proof on the balance of probabilities that he suffered injury to his shoulder on 10 May 1997 in the course of his employment; the evidence suggested the injury was more likely due to lifting weights.

Court Disposition

award in favour of both respondents

Orders

  • Award in favour of Ray Cars Pty. Ltd.
  • Award in favour of WorkCover Authority of New South Wales