PETERSEN V. COLEMAN 88/1937

RE eas

——- PETERSEN _—______

REASONS FOR JUDGMENT. 4

Judgment delivered at_ SYDNEY __. on_..12th April, 1938.

asics se

THE HIGH COURT OF AUSTRALIA | NEW SOUTH WALES REGISTRY

No. 88 of 1937.

ON APPEAL from THE SUPREME COURT OF NEW SOUTH WALES

BETWEEN NORMAN PETERSEN

(Applicant) Appellant

- and -

A. W. COLEMAN

Before wn

Mr. Justice

"the twelfth day ofa) o

nine' hundred and thir

WHEREAS on the twenty seventh day of May one thousand nine hundred and thirty five the abovenamed Appellant issued out

of the Workers! Compensation Commission of New South Wales an Application for Determination claiming from the abovenamed Respondent compensation under and by virtue of the Workers! Compensation Act 1926/29 AND WHEREAS in the said application it was claimed by the Appellant that as a result of an injury sustained by him on the tenth day of October One thousand nine hundred and twenty eight. in the course of his employment with the said Respondent he had suffered total and permanent disablement within the meaning of Section 9 (3) of the said Act AND WHEREAS the said Application for Determination came on for hearing before the Workers' Compensation Commission on the twenty fourth day of September One thousand nine hundred and thirty five AND WHEREAS on the twenty second day of October one thousand nine hundred and thirty five the said Commission made its award in which the Appellant was declared totally and permanently disabled within the meaning of the said Section and

entitled to compensation accordingly AND WHEREAS on the seven-

teenth day of april One thousand

ine hundred and thirty six

the Respondent applied to, the said Commission by Notice of

Motion for an order that the said award made in favour of the . Appellant be rescinded upon the grounds therein set out AND_ WHEREAS the said Notice of Motion cameon for hearing before