HARBISON v HARBISON

Case

[2001] NSWCA 185

21 June 2001


Details
AGLC Case Decision Date
Harbison v Harbison [2001] NSWCA 185 [2001] NSWCA 185 21 June 2001

CaseChat Overview and Summary

The New South Wales Court of Appeal considered the meaning of "curative apparatus" in the context of workers compensation legislation in *Harbison v Harbison*. The appeal concerned the correctness of the decision in *Bresmac Pty Ltd v Starr* (1992) 29 NSWLR 318, which had interpreted this term.

The central legal issue before the Court of Appeal was whether the definition of "curative apparatus" as established in *Bresmac Pty Ltd v Starr* accurately reflected the legislative intent and should be upheld. This required a detailed examination of the statutory provisions and the principles of statutory interpretation.

The Court granted leave to argue the correctness of *Bresmac Pty Ltd v Starr*, indicating a willingness to reconsider the established interpretation. The precise reasoning and legal principles applied in reaching this decision are not fully detailed in the provided text, but the granting of leave suggests a potential divergence from or refinement of the prior authority. The hearing was subsequently relisted for further argument.
Details

Areas of Law

  • Employment Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Statutory Construction

  • Jurisdiction

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