CHINESE DAILY NEWSPAPER v SHA CHENG WANG [1992] NSWCA 39

CHINESE DAILY NEWSPAPER v SHA CHENG WANG SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, MEAGHER and Cripps JJA 7 July 1992, 7 July 1992

[1992] NSWCA 39

Workers Compensation — adequacy of reasons given by Compensation Court judge for the decision made This is an appeal from the Chief Judge of the Compensation Court alleging his Honour erred in failing to give adequate reasons for the orders made. Held: No error found.

Workers Compensation Act 1987 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247.

Clarke JA Mr Leslie, not without some regret, the Court does not wish to hear from you and the Court will give its judgment now. Mr Justice Cripps will give the first judgment.

Cripps JA This is an appeal from the decision of the Chief Judge of the Compensation Court, published on 5 April 1991, in which he directed, by consent, certain compensation payments to be made to the respondent pursuant to s66 and s67 of the Workers Compensation Act 1987, and awarded interest upon that amount of money to run from the date of injury, which was 18 April 1988.

Mr Hoeben, who appears for the appellant, [?sic] has informed the Court that the single issue for determination is whether his Honour erred in failing to give adequate reasons in accordance with the decision of this Court in Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247. That is, there is no question in this case but that it was open on the material before the learned judge, applying his mind to the relevant provisions (s19 of the Workers Compensation Act 1987 and the rules made pursuant to the Act), to come to the conclusion he did.

Specifically, there is no issue raised as to the amount awarded under s66 or s67. The question for determination by this Court is whether it has been demonstrated, in accordance with the principles in Soulemezis, that there was an error demonstrated by the form in the judge's reasoning and orders.