Whisprun Pty Ltd v Dixon

Negligence – Damage - Respondent contracted Q fever while working in an abattoir - Whether respondent suffered chronic fatigue syndrome.

Appeal – Issue not raised at trial - Case on which respondent succeeded on appeal was not argued by respondent at trial or on appeal - Whether respondent should succeed on the basis of a new case on appeal.

Appeal – Powers of appellate court - Whether trial judge had properly considered the respondent's case - Whether there was objective evidence that respondent suffered chronic fatigue syndrome - Whether respondent's case depended entirely upon the credibility of her account of subjective symptoms.

Evidence – Medical reports - Whether medical reports had independent evidentiary value - Whether evidentiary value of medical reports depended on the respondent's credibility - Whether trial judge erred in not considering medical reports as independent evidence that the respondent suffered from chronic fatigue syndrome.

Workers Compensation Act 1987 (NSW) – s 151G.

Supreme Court Act 1970 (NSW) – s 75A.