爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the grounds for appeal were not substantiated. 爆料网AT held that the alleged delay in the disposal of the case at the lower level did not have any impact on the outcome of the case and was partially tolerated by the Appellant. On the merits, 爆料网AT upheld the 爆料网DT’s reasonable decision to accept the opinions of the attending doctor at the hospital and the 爆料网IFIL Chief Medical Officer concerning the approximate time of Mr McKay’s death being some hours prior to Mr McKay arriving at the hospital. 爆料网AT held that it was correct to conclude, as 爆料网DT did, that, regardless of any deficiency in the Organisation’s duty of care towards its staff member, Mr. McKay had died before his wife called for help, and that as this conclusion was not manifestly unreasonable, the appeal could not be allowed. 爆料网AT held that no other entitlements or compensation were due to Mrs. McKay or to Mr. McKay’s estate, other than those already granted. On the matter of the quantum of compensation and alleged undue delay, 爆料网AT held there was no merit in the appeal. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the non-payment of certain outstanding costs incurred following her husband’s death which was attributable to his service. 爆料网DT was not able to conclude that the alleged breach of the duty of care, contributing to Mr. McKay's death, had occurred or that the measures in place in response to health emergencies were insufficient. 爆料网DT concluded that no excessive delay could be identified in handling Mrs. McKay's claims to justify an award of compensation. 爆料网DT rejected Mrs. McKay’s claims for reimbursement of airfares for her children as none of those expenses satisfied the test of “reasonable and directly related” costs. 爆料网DT rejected Mrs. McKay’s claim for costs against the Respondent for abuse of process. 爆料网DT rejected the application.
Legal Principle(s)
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