STOCKTON HOSPITAL v CHAMBERS [1988] NSWCA 148

STOCKTON HOSPITAL v CHAMBERS [1988] NSWCA 148

It was open to the trial judge, applying statutory criteria and a commonsense view of the evidence, to find that the respondent's two children were mainly dependent on her. Accordingly, no error of law arises.

Parties
Appellant: Stockton Hospital; Respondent: Chambers
Jurisdiction
Australia
Judgment Date
21 March 1988
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Dependency, Child Support, Degree of Dependency, Workers' Compensation Benefits

Case Brief

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Parties

Stockton Hospital

Appellant

Chambers

Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether the respondent's children were mainly dependent on her within the meaning of the Workers' Compensation Act 1926 s9(1)(d).

Ratio Decidendi

It was open to the trial judge, applying statutory criteria and a commonsense view of the evidence, to find that the respondent's two children were mainly dependent on her. Accordingly, no error of law arises.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed with costs