KB Hutcherson Pty Ltd v Correia [1995] HCA 70

High Court of Australia Brennan, Deane, Dawson, Toohey and McHugh JJ KB Hutcherson Pty Ltd v Correia [1995] HCA 70

ORDER

1. Appeal allowed.

2. Set aside the order of the New South Wales Court of Appeal in so far as it awards amounts for permanent loss of each leg at or above the knee and below the knee and in lieu thereof order:

(a) Appeal allowed in so far as the order of the Compensation Court of New South Wales awards amounts for loss of use of each leg at or above the knee and below the knee.

(b) Set aside the order of the Compensation Court of New South Wales, in so far as it awards amounts for loss of use of each leg at or above the knee and below the knee.

(c) Remit the question of the amounts of compensation properly payable under the Table of Compensation for Permanent Injuries for permanent loss of the efficient use of each leg or above the knee to the Compensation Court of New South Wales for reconsideration.

3. The appellant to pay the respondent's costs.

Cur adv vult

The Court delivered the following written judgment:—

16 March 1995 Brennan, Deane, Dawson, Toohey and McHugh JJ

This appeal raises a question of construction of the Workers Compensation Act 1987 NSW (the Act) as it stood at the relevant time.

On 23 November 1988 the respondent suffered an injury to his back in the course of his employment by the appellant. In the Compensation Court of New South Wales Judge Manser ordered the appellant to make payments of weekly compensation to the respondent and also payment in respect of permanent impairment of his back. These matters are not in issue before this Court.

What is in issue are orders made by Judge Manser, and affirmed by the Court of Appeal, under the Table of Compensation for Permanent Injuries in the Act. The Table is part of Div 4 of Pt 3 of the Act; the division is headed: Compensation for non-economic loss. Entitlement to compensation under the Table derives from s 66 which reads: