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Trusts

Coveney v Asbestos Injuries Compensation Fund Ltd; Davis v Asbestos Injuries Compensation Fund Ltd; WorkCover Queensland v Asbestos Injuries Compensation Fund Ltd

Coveney v Asbestos Injuries Compensation Fund Ltd; Davis v Asbestos Injuries Compensation Fund Ltd; WorkCover Queensland v Asbestos Injuries Compensation Fund Ltd [2024] NSWCA 317

The NSW Court of Appeal held the asbestos fund trustee was justified in paying full judgment debts to claimants despite prior Queensland workers compensation payments.

  • Trustee powers and duties
  • Workers compensation clawback
  • Judicial advice to trustee
  • Statutory construction of compensation schemes
  • Interplay of compensation payments and damages claims
  • Trusts
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Administrative law

Wenkart v Blacktown City Council

Wenkart v Blacktown City Council [2024] NSWLEC 117

The Court admitted a valuation expert report despite concerns about unclear authorship and repeated use of “we”, finding the evidence on voir dire sufficient.

  • Expert evidence
  • Land acquisition
  • Admissibility of expert report
  • Expert-evidence
  • Admissibility-of-expert-report
  • Land-acquisition
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Compensation law

Butler v Yancoal Australia Pty Ltd

Butler v Yancoal Australia Pty Ltd [2022] NSWDC 734

The District Court approved a $155,000 redemption after finding the plaintiff’s hip replacement surgery was not work-related and the amount was adequate.

  • Redemption
  • Court approval
  • Degenerative disc disease
  • Hip replacement
  • Work-related injury
  • Compensation-law
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Civil procedure

Tanner v Buddco Pty Limited (No 2)

Tanner v Buddco Pty Limited (No 2) [2022] NSWSC 1585

The Supreme Court of New South Wales approved a settlement in a representative proceeding brought by a widow and her three sons after Mr Tanner’s death.

  • Representative proceedings
  • Settlement approval
  • Damages for nervous shock
  • Damages under compensation to relatives act
  • Settlement-approval
  • Representative-proceedings
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Compensation law

Rutledge v Mining Concepts Pty. Limited formerly known as Colrok Constructions Pty Ltd & Anor

Rutledge v Mining Concepts Pty. Limited formerly known as Colrok Constructions Pty Ltd & Anor [2022] NSWDC 253

The District Court approved a $40,000 redemption in a workers compensation matter, finding no persuasive evidence that the plaintiff’s knee replacements were work-related.

  • Coal miners
  • Redemption
  • Special statutory compensation
  • Workers-compensation
  • Occupational-injury
  • Knee-osteoarthritis
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Civil procedure

Coffs Harbour City Council v Noubia Pty Limited

Coffs Harbour City Council v Noubia Pty Limited [2022] NSWCA 32

The Court of Appeal refused leave to appeal against admission of a joint expert report on remitter, holding there was no issue of principle or clear injustice.

  • Leave to appeal
  • Discretionary decisions
  • Admission of further evidence
  • Practice and procedure
  • Compensation for land acquisition
  • Valuation of land
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Compensation law

Wilson v Department of Customer Service

Wilson v Department of Customer Service [2021] NSWLEC 1780

In a mine subsidence compensation appeal, the Court upheld the parties’ agreed resolution and determined compensation of $180,000 for Stage 2 damage.

  • Mine subsidence
  • Compensation assessment
  • Jurisdictional prerequisites
  • Appeal under repealed legislation
  • Mine-subsidence
  • Compensation-appeal
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Compensation law

Dring v Telstra Corporation Ltd

Dring v Telstra Corporation Ltd [2021] FCAFC 50

The Full Court dismissed Ms Dring’s appeal, holding her hotel fall after extended socialising did not arise in the course of employment under the SRC Act.

  • Workers' compensation
  • Course of employment
  • Judicial review – question of law
  • Employer’s liability for injury
  • Meaning of ‘in the course of employment’
  • Workers-compensation
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Administrative law

RD Miller Pty Ltd v Roads and Maritime Services NSW

RD Miller Pty Ltd v Roads and Maritime Services NSW [2020] NSWCA 241

The Court of Appeal granted leave to appeal but dismissed an interlocutory appeal about compensation for loss of access under the Roads Act 1993 (NSW).

  • Compensation for loss of access
  • Interpretation of roads act 1993 (nsw)
  • Pointe gourde principle
  • Controlled access road declarations
  • Assessment of market value
  • Roads-act-1993
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Legal profession

Ho v Berger

Ho v Berger [2019] NSWCATOD 128

The Tribunal ordered a solicitor to pay each applicant $25,000 compensation for unauthorised use of their deposit, plus costs after earlier disciplinary findings.

  • Solicitor stakeholder obligations
  • Unethical and fraudulent conduct
  • Professional misconduct
  • Compensation for loss suffered
  • Special conditions in contracts
  • Costs orders in occupational division
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About this LexChat collection

Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.