Moran v Amoret Installations Pty Ltd

The appeal concerned a dispute over a workers' compensation claim brought by the appellant, Mr Moran, against his employer, Amoret Installations Pty Ltd. The core of the dispute revolved around whether Mr Moran's injury occurred in the course of his employment. The matter came before the Supreme Court of New South Wales.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in law by concluding there was "no evidence" as to the normality of the appellant's left shoulder. This conclusion was central to the trial judge's determination regarding the cause of the injury. The Court was required to consider the admissibility and effect of the applicant's medical history, specifically in light of section 60 of the *Evidence Act 1995* (NSW).

The Court of Appeal found that the trial judge's conclusion constituted an error of law because it failed to recognise the operation of section 60 of the *Evidence Act 1995* (NSW). This section permits the admission of evidence of a person's health, including their medical history, for the purpose of assisting in the determination of whether a fact in issue is true. By disregarding the available medical history concerning the appellant's left shoulder, the trial judge had erred in his assessment of the evidence.

Consequently, the Court of Appeal ordered that the decision of the trial judge be set aside and that there be a new trial. The respondent was ordered to pay the appellant's costs of the appeal.