WYONG SHIRE COUNCIL v GRAHAM and 14 OTHER APPEALS [1991] NSWCA 290

WYONG SHIRE COUNCIL v GRAHAM and 14 OTHER APPEALS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 13 August 1991, 13 August 1991 [1991] NSWCA 290

PRACTICE AND PROCEDURE — Court of Appeal — multiple appeals on common issues — meaning of s66, s67 Workers Compensation Act 1987 orders made for test cases but for written submissions of principle by other parties to be received.

PRACTICE AND PROCEDURE — Court of Appeal — multiple appeals — similar issues — grouping of appeals — test case(s) arrangements to be made — orders made providing for expedition of two test appeals — provision made for parties to other appeals to file written submissions on issues of principle in the expedited appeals and for later call-over of remaining appeals after test appeals determined. WORKERS' COMPENSATION — disability — calculation of entitlement — whether to be determined by reference to proportionality of disability — whether interest payable — proper construction of s66 and s67 Workers Compensation Act 1987 — appeals to determine these issues grouped and hearing expedited.

Workers' Compensation Act 1987, s66, s67.

ORDERS

1. Order that the appeals in Jones Eros Bus Co Pty Ltd v Baker and Wyong Shire Council v Graham be listed with expedition before the Court, category B, to the intent that such appeals, which will be heard consecutively, will be heard by the Court within a period of approximately two months;

2. Stand over for further mention before the after judgment is delivered in Jones Bros and Wyong Shire Council, the remaining appeals to the Court involving issues, inter alia, under s66 and s67 of the Workers Compensation Act 1987, and any further appeals in the same class which are received before further order of he Registrar;

3. Order written submissions in the cases of Jones Bros and Wyong Council;