25 Aug 2003
The appeal was struck out because the appellant, having lodged the appeal, failed to respond to registry requests and could not be located, justifying strike out for want of prosecution.
16 Feb 1999
The Court preferred the examined expert evidence of Dr Dryson and concluded that while the appellant's adhesive capsulitis (frozen shoulder) is a disease not caused by employment, there is a separate compensable gradual process postural strain of the shoulder girdle and periscapular muscles caused by the appellant's work tasks and therefore the Review Officer's decision was revoked and cover under s7 was granted.
21 Dec 1998
The appeal is dismissed because the appellant failed to prove on the balance of probabilities that (1) any prescribing health professional acted negligently in failing to obtain informed consent under s5(6) and (2) there is a causal nexus between prescription of Imovane and the appellant's physical symptoms; accordingly no cover for personal injury by medical misadventure is available under the Act.
19 Nov 1998
Because the parties submitted a consent memorandum and requested consent orders, the Court revoked the Review Officer's decision dated 26 August 1997 and made no order for costs while reserving leave to apply on the question of costs.
23 May 1997
Appellant failed to prove she altered her position in reliance on the overpayment by entering into binding or irreversible commitments and it was not inequitable to require repayment given ongoing repayments and the independence allowance; therefore remission under s77(2) is not available and the Review Officer's decision stands.
5 Aug 1996
The appeals were dismissed because the appellant instructed his solicitor to cease acting and explicitly directed that no further action be taken, and the case, having been directed to be dealt with on the papers, could not proceed without prosecution by the appellant.