High Court of Australia
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REASONS FOR JUDGMENT
Oral
Judgment delivered 'at... SY OROV eee nee Thursday 18th November 1971
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HARD METALS PTY. LIMITED
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DAVIES
ORDER
Appeal dismissed with costs.
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HARD METALS PTY.
Veo
DAVIES
LIMITED
BARWICK C.J.
HARD MBTALS PTY. LIMITED
Vo
DAVIES
The appellant seeks the reversal of an order of the Supreme Court, Court of Appeal Division, which dismissed an appeal against the making of an award by the Workers Compensation Commission in favour of the respondent, a worker formerly in the employ of the appellant.
The ground of appeal, both in the Supreme Court and here, is that there was no evidende to support the Commission's award and that a finding on which the award was founded was erroneouse :
The relevant evidence and the judgments of the Commission and of the Supreme Court have been fully examined and discussed by counsel for the appellant, but having heard and considered all that has been said, the finding of which
\ the appellant complains was in my opinion a finding of fact. I agree with the majority of the Supreme Court that it was not a finding of a nature which the appellate court is
authorised to review,
Further, in my opinion, there was evidence before the Commission which was sufficient to support an award of compensation for the worker. The appellant sought to establish that the disease, which was the injury which resulted 'in the worker's incapacity, was a particular kind of pneumoconiosis and one, which having regard to the relevant statutory provisions, prevented the Commission from making any award for him under the Workers Compensation Act.
The onus of establishing that cause of the worker's. incapacity, in my opinion, was upon the appellant. It' failed to convince the Commission of that fact. I am of opinion, therefore, that the order of the Supreme Court was right and that this appeal should be dismissed o
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