Whisprun Pty Ltd v Dixon

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY AND CALLINAN JJWHISPRUN PTY LIMITED (Formerly   APPELLANTNorthwest Exports Pty Limited)ANDSONYA LEA DIXON  RESPONDENTWhisprun Pty Ltd v Dixon[2003] HCA 483 September 2003S216/2002ORDER1.   Appeal allowed with costs.2.   Set aside the orders of the Court of Appeal of New South Wales made on 28 September 2001 and, in lieu thereof, order that the appeal to that Court be dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentation: B W Walker SC with S E Pritchard for the appellant (instructed by Hicksons Lawyers)D F Jackson QC with K J Ryan for the respondent (instructed by Walker Kissane & Plummer)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSWhisprun Pty Ltd v DixonNegligence – 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...