7 Mar 2023
No breach of natural justice was established: the Halo Trust submission had been disclosed in the Council Report and did not introduce new material causing surprise or prejudice, and the post-hearing responses raised no new issues so the applicants suffered no prejudice from their non-circulation; accordingly the Commissioner's decision stood and the judicial review application was dismissed.
26 May 2021
The Court held the Associate Judge had jurisdiction to set a new close of pleadings date because the earlier date had become obsolete given vacated fixtures and the parties' agreement; the site inspection order was a valid exercise of case management discretion necessary to update evidential material, subject to limits preventing opening entirely new expert issues and preserving the fixture; the review application was dismissed, in‑person case management was unnecessary at this stage, and any appeal leave application was premature.
27 Jul 2016
Leave to appeal was dismissed because the Court was satisfied there was no matter of general principle and no real risk of miscarriage of justice: the earlier propensity ruling did not bind the retrial in light of R v Martin and changed circumstances, there was no evidential basis that the defence expert was denied a site visit or that any denial affected the verdict, and the sentence was within range and not disproportionate.
1 Dec 1998
The Court accepted the specialist occupational physician's site inspection opinion that the employment task had a property or characteristic that caused or contributed to the worker's lateral epicondylitis, that the worker's non‑employment activities were not of material extent to be the cause, and that the occupational risk was significantly greater; accordingly the Review Officer's decision to accept cover was correct and the appeal was dismissed.