FISH MARKETING AUTHORITY OF NEW SOUTH WALES v CORBETT [1990] NSWCA 63

FISH MARKETING AUTHORITY OF NEW SOUTH WALES v CORBETT

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, MEAGHER and HANDLEY JJA 1 February 1990, 1 February 1990 [1990] NSWCA 63

Evidence — impeachment of witness's credit — question disallowed — trial judge gives no reasons — Evidence Act 1898 NSW s56

Meagher JA This is an appeal from his Honour Judge Thompson. The applicant was Mr Corbett for an award under the Workers Compensation Act. Judgment was given by his Honour on 9 November 1988.

Mr Corbett's story was that when he was working for the present appellant, the Fish Marketing Authority, on 15 January 1984 he suffered an injury. Certainly after that date he arrived at Sydney Hospital in a state of some disarray.

The issues before his Honour were whether an injury occurred or not; whether there was resulting incapacity and whether there was a refusal by the employer to offer suitable work.

It is somewhat surprising that the question of injury was in issue. Not only did the applicant give evidence about injury but two independent eye witnesses did. Indeed, one was called by the present appellant. Neither of those independent witnesses was cross-examined.

Likewise I find it difficult to believe that the application by the applicant for further employment with the appellant was truly in issue as a request for work and refusal was evidenced and it was never suggested to the applicant that the application was in any way a sham.

The question of the degree of incapacity of the applicant certainly was a very large issue. The applicant gave evidence of a considerable incapacity and this evidence was challenged, very largely by a sustained attack on his credit.

The present appellant proved that the applicant had a life which was in many ways exceedingly unattractive. The applicant admitted that he was an habitual drunkard and an alcoholic, that he was a man of violence and had been involved in many violent incidents after and before the date of injury.