This is a decision of the New South Wales Court of Appeal, commonly used in intermediate appellate courts across Australia and in particular in the Land and Environment Court and in relation to the role of Development Control Plans (“DCP”) in development applications.
Ms Abalos was a post worker who was diagnosed with the “tennis elbow” condition. She brought a claim of negligence seeking damages against her employer in the Supreme Court of New South Wales. Expert witness, professor Fergusen testified to “unsatisfactory work stations”. Trial Judge found in favour of Ms Abalos.
The dominant use of land: Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council  NSWLEC 66
A recent Court of Appeal decision has decided that in categorising land surrounding an open cut coal mine for the payment of Council rates, the ‘dominant use’ of the land must be determined by considering all activities and uses on the land as a ‘whole’.
Contractual employment disputes which may give rise to future legal proceedings are governed by an ‘exclusive jurisdiction’ clause in an employee’s contract.