19 Mar 2014
Leave to appeal was declined because the judge found as a matter of fact that the appellant's disclosure breach was rectified before settlement and was not material to the loss claimed, and on statutory interpretation s 63(3) imposes repayment only on the appointed vendor's agent (or on a fiduciary who actually received commission); accordingly there was no arguable legal error warranting leave.
2 Jun 2011
There was no proper evidential foundation that the lack of clearance between the deck tiles and cladding caused the water penetration and resulting damage; the primary causes were the wrought iron balustrade fixings and a defective outlet. Absent evidence that TQ Construction Ltd's work caused the damage, the adjudicator's finding of liability against TQ Construction Ltd and its director Brian Charles Taylor was unsupportable and is set aside, removing Taylor's obligation to pay $36,610.
15 May 2008
Prolonged temporary clipping during surgery (total ~40 minutes) constituted a distinct and substantial intervening cause (novus actus interveniens) separate from the appellant's underlying subarachnoid haemorrhage and was not an ordinary or expected consequence of the treatment; the appellant met the evidential threshold and the respondent failed to discharge the evidential onus that the injury fell outside s32, therefore the injury is a treatment injury and the appeal is allowed.
30 Sept 1999
Appeal dismissed because appellant failed to prove on balance of probabilities that alleged medical error caused the gunshot injuries; the police shooting was a novus actus interveniens breaking the chain of causation and the tribunal findings that there was no medical negligence were not displaced.
8 Apr 1999
The fall from the tanker on 29 October 1996 was a work injury; the subsequent 14 km walk home did not constitute a novus actus interveniens that broke the chain of causation; the later ulceration, amputations and consequences flowed from the workplace injury and are attributable to it (eggshell skull and foreseeability apply).
7 Jul 1998
The appellant bore the onus to prove that the pool 'scragging' incident or the motor vehicle accident broke the chain of causation; the appellant failed to discharge that onus because medical records and available evidence showed the motor vehicle injuries were transient and there was no evidence that the pool incident produced ongoing effects; therefore the Corporation correctly attributed ongoing costs to the appellant for experience rating and the appeal is dismissed.
8 Aug 1997
Although medical opinion indicated occupational nickel exposure may have predisposed the deceased to infection, there was no evidence the fatal fungal pneumonia was contracted in the workplace or that the workplace presented the particular hazard required by s7; the appellant failed to prove on the balance of probabilities that employment caused the death, so the appeal is dismissed.