Newton v Masonic Homes Inc [2009] NTSC 51
PARTIES: CHERYL ANNE NEWTON v MASONIC HOMES INC T/AS TIWI
GARDENS NURSING HOMES
(ACN 063 954 674)TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING APPELLATE JURISDICTION FILE NO: LA 8 of 2008 (20718189) DELIVERED: 28 September 2009 HEARING DATES: 7 & 8 April 2009 JUDGMENT OF: MILDREN J APPEAL FROM: WORK HEALTH COURT CATCHWORDS: APPEAL – appeal from Work Health Court – whether findings were errors of law or errors of fact – appeal limited to errors of law – test to be applied
EVIDENCE – witnesses called to give evidence about duties in occupations – whether expert evidence – whether expert evidence limited to opinion evidence
WORKER’S COMPENSATION – Notice of Termination of weekly benefits – not accompanied by medical certificate – whether medical certificate required – meaning of “ceased to be incapacitated for work” – whether notice provided sufficient detail – whether notice valid – whether notice relevant where worker and employer widen issues by pleadings going beyond an appeal under s 69
WORKER’S COMPENSATION – application in Work Health Court – whether witnesses were non-medical experts – whether evidence wrongly admitted in absence of compliance with Work Health Court Rules – function and purpose of r 18.07 – whether expert evidence limited to opinion evidence – whether if error occurred appeal must be allowed
Workers Rehabilitation and Compensation Act, s 3(1), s 65(2)(b)(ii), s 69, s 69(1),
s 69(1)(b), s 69 (1)(b)(vi), s 69(3), s 69(4), s 107, s 110A(3); Work Heath CourtRules, r 18.07, r 18.09
Cross on Evidence, 4th Aust ed, Butterworths, Sydney, 1991- (loose-leaf edition)
Alice Springs Town Council v Mpweteyerra Aboriginal Corp (1997) 115 NTR 25;
Disability Services of Central Australia v Regan (1998) 8 NTLR 73; Tracy Village
Sports & Social Club v Walker (1992) 111 FLR 32; Wilson v Lowery (1993)
4 NTLR 79; appliedBruce v Cole (1998) 45 NSWLR 163; Horne v Sedco Forex Australia (1992) 106 FLR 373; Lujans v Yarrabee Coal Co Pty Ltd (2008) 83 ALJR 34; distinguished
Gumana v Northern Territory of Australia (2005) 141 FCR 457; (2005) 218 ALR
292; followed
Arnotts Snack Products Pty Ltd v Yacob (1985) 155 CLR 171; Burns & Territory
Insurance Board [No 2] (2007) 20 NTLR 66; Butera v Director of Public
Prosecutions (1987) 164 CLR 180; Collins Radio Construction Inc v Day (1997)
140 FLR 347; (1998) 143 FLR 425; Foresight Pty Ltd v Maddick (1991) 1 NTLR
209; HWE Contracting Pty Ltd v Young (2007) 20 NTLR 83; Ju Ju Nominees Pty
Ltd v Carmichael (1999) 149 FLR 425; R v Pfennig [No 1] (1992) 57 SASR 507;
Spellman v RSL [2004] NTMC 087; The Queen v Perry (No 4) (1981) 28 SASR119; Weal v Bottom (1966) 40 ALJR 436; referred to
REPRESENTATION:
Counsel:
appellant: S Gearin
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- Case
- [2009] NTSC 51
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