R AND D SECURITY PTY LTD v NEALE [1998] NSWCA 179

R AND D SECURITY PTY LTD v NEALE [1998] NSWCA 179

The findings of the trial judge regarding the connection between the journey deviation and employment were open on the evidence, were findings of fact, and demonstrated no error of law. The evidence of van Heekeren given at a prior criminal trial was properly excluded, as the prerequisites for admission were not established.

Parties
Appellant: R & D Security Pty Ltd; Respondent: Christopher Neale
Jurisdiction
Australia
Judgment Date
25 May 1998
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Journey Case, Substantial Deviation, Admissibility of Evidence
Workers Compensation Journey Case Substantial Deviation Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

R & D Security Pty Ltd

Appellant

Christopher Neale

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the injury was received during a substantial interruption or deviation from the periodic journey, made for a reason unconnected with the worker's employment as per s7(1)(b)(i) of the Workers Compensation Act, 1926
  2. 2 Whether the trial judge erred in the admissibility of evidence given at a prior criminal trial

Ratio Decidendi

The findings of the trial judge regarding the connection between the journey deviation and employment were open on the evidence, were findings of fact, and demonstrated no error of law. The evidence of van Heekeren given at a prior criminal trial was properly excluded, as the prerequisites for admission were not established.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs