Federal Court of Australia
if
ay
CATCHWORDS Workmen's Compensation - appeal from Supreme Court of Northern Territory - whether loss of use of arms was
permanent ~- contradictory expert opinions - appellant's case
not properly put - relevance of manner in which respondent's case had evolved - question whether appellant should in the
circumstances be bound by the manner in which his case was
conducted.
s.10 Workmen's Compensation Act (N.T.)
Edgar Terrence Mapley v. Radial Industries
Coram: Keely, Deane and Gallop JJ.
At: Darwin
On: G9 March , 1982.
ra
aoe nr eg ee OEY SES NONE Le hee oy Rene RINE TREN sete
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT
NO. NTG 23 of 1980 REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
' BETWEEN: EDGAR TERRENCE MAPLEY
Appellant AND: RADIAL INDUSTRIES Respondent ORDERS JUDGES MAKING ORDERS: Keely, Deane and Gallop JJ. WHERE MADE: Darwin " DATE OF ORDER: 4 Moreh 1982
THE COURT ORDERS:
1. THAT the appeal be allowed.
2. THAT the judgment and order of the Supreme Court of
the Northern Territory be set aside.
uf
eee
REY TELE ETON,
eee AN ew PrN Marareeee meee errr acai Sy JEU re =
é
THAT the matter be remitted to the Supreme Court of
the Northern Territory for a new hearing.
THAT the costs of the original hearing in the
Supreme Court of the Northern Territory be reserved
for the decision of the Judge of the Supreme Court
of the Northern Territory who deals with the matter
on the re~hearing.
THAT the respondent pay to the appellant his costs
of the appeal.
a
a ee all
ee ee ee
of
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT
NO. NTG 23 of 1980 REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN: EDGAR TERRENCE MAPLEY
Appellant
i
RADIAL INDUSTRIES
Respondent
CORAM: Keely, Deane and Gallop JJ.
% Merch, 1982.
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