Campbell v Rosebin Pty Limited [2015] NSWDC 339

Campbell v Rosebin Pty Limited [2015] NSWDC 339

The Court was not persuaded on the balance of probabilities that the plaintiff's left knee gave way causing her shoulder injury; there was no contemporaneous medical record of knee instability causing the fall. The sum proposed for redemption was found to be appropriate.

Parties
Plaintiff: Susan Campbell; Defendant: Rosebin Pty Limited
Jurisdiction
Australia
Judgment Date
11 November 2015
Procedural Posture
Redemption Application / Decision After Hearing
Outcome
Redemption application approved by consent
Legal Topics
Coal Miners, Redemption, Adequacy of Redemption Amount, Causal Relationship Between Injuries
Workers Compensation Coal Miners Redemption Adequacy of Redemption Amount Causal Relationship Between Injuries

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Parties

Susan Campbell

Plaintiff

Rosebin Pty Limited

Defendant

Procedural Posture

Redemption Application / Decision After Hearing

Legal Issues

  1. 1 Whether the redemption sum is adequate
  2. 2 Whether the plaintiff's shoulder injury is causally related to her knee injury

Ratio Decidendi

The Court was not persuaded on the balance of probabilities that the plaintiff's left knee gave way causing her shoulder injury; there was no contemporaneous medical record of knee instability causing the fall. The sum proposed for redemption was found to be appropriate.

Court Disposition

Redemption application approved by consent

Orders

  • Redemption sum approved
  • Orders made in accordance with short minutes of order