RANDELL v MACAM RUBBER PTY LIMITED [1988] NSWCA 126

RANDELL v MACAM RUBBER PTY LIMITED SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SAMUELS, MAHONEY and CLARKE JJA 13 April 1988, 13 April 1988 [1988] NSWCA 126

Appeal from Compensation Court — Evidence to establish bias wrongly excluded — Error of law — Not necessary for appellant to show what would be answers to rejected questions — Not sufficient that judge may have decided as he did in the absence of the evidence of the witness attacked — Appeal upheld with costs — Proceeding returned to Compensation Court. ORDERS 1. Appeal allowed. 2. Award set aside. 3. Matter remitted to the Compensation Court. 4. Respondents to pay appellant's costs of appeal. 5. Respondents, if qualified, to have a certificate under the Suitors' Fund Act in respect of costs of the appeal.

Mahoney JA The worker in this appeal had taken proceedings against the two respondents in respect of compensation. The proceedings in the Compensation Court were commenced on 29 August 1984. The worker claimed that he was injured on at least two occasions and as far as is presently relevant was incapacitated between 14 August and 19 November 1984. The learned judge appears to have held that there were relevant injuries; it is not necessary to pursue the details of them. However, he did not accept that the worker was incapacitated during the period in respect of which he made the claim.

The learned judge, in deciding against the worker, appears to have relied in part upon the evidence given by a Mr Lynch. Counsel for the worker sought to obtain evidence from the worker and he would have obtained evidence from his wife as to what had passed between Mr Lynch and the worker. The suggestion was that Mr Lynch was, for reasons which need not be pursued, biased against the worker.

The learned judge refused to allow the evidence.