Appeals case shows importance of a compensation lawyer

Date: Aug 04, 2016

A recent case in front of the New South Wales' Court of Appeal highlights the need for an experienced compensation lawyer when making a public liability injury claim.

Due to the chances of an appeal, an individual needs to ensure they have a lawyer across the case from the start. Without this level of expertise, a decision could be overturned and a settlement disturbed. 

Background to the appeal

Prior to the appeal, the respondent (original plaintiff) slipped and fell due to a patch of water on a footpath. The fall led to injuries, including an aggravation of a pre-existing injury to his ankle, as well as injuries to his neck, back and shoulders. 

The respondent sought damages from the Coffs Harbour City Council (CHCC) in relation to his injuries. As a result, he received a judgement of over $96,400 in October 2015. 

Yet, like all cases, parties can appeal the ruling if they feel the decision was lacking in some way. In this case, the CHCC sought to overturn the judgement through the appeals court. 

Leave to appeal in New South Wales

The Court of Appeal is the final location a party can look to overturn a judgement in New South Wales. It listens to applications for leave to appeal as well as appeals from all the other courts in the state. In the Premier State, there are a number of requirements needed before a party can seek an appeal.

Parties that wish to appeal a decision must persuade the court special reasons exist to do so. This takes the form of a special hearing and as the decisions made are final, there is not going back. 

With this in mind, it's essential to have experienced legal counsel in the event that you or your opposing party appeals the settlement or decision. If we return to the example above, the CHCC was unable to show the judges that a mistake had been made. As such, the appeal was thrown out. 

If you are looking for an experienced compensation lawyer to make your public liability injury claim, look no further than Gerard Malouf and Partners. Our experienced lawyer can help you win a settlement and defend it if necessary. 

We also understand that money can be a problem for many people. As such, we offer a no win no fee guarantee that can ensure legal costs are not an obstacle. 

Don't hesitate, make sure you talk to a representative of Gerard Malouf and Partners today

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.