APOSTOLOVSKI v ALLCO STEEL PTY LTD [1992] NSWCA 8

APOSTOLOVSKI v ALLCO STEEL PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirBY P, HANDLEY and Cripps JJA 27 August 1992, 11 September 1992 [1992] NSWCA 8

WORKERS' COMPENSATION — appeal — limited to grievance in point of law — stringent requirements of — complaints about fact finding by judge — reference to earlier adjournment — appearance in witness box — inferences drawn from medical reports — held: No error of law — appeal dismissed. WORKERS' COMPENSATION — incapacity — determination of closed period of partial incapacity — appeal limited to error of law — suggested errors of law in reasoning and conclusions of trial judge (Davidson CCJ) — reference to significance of adjournment of proceedings before other judge — reference to "uncharacteristically short" opinion of medical witness — reference to "uncanny likeness" in findings of reports of medical witnesses — suggested incompatibility in evaluation of injury expressed in judgment — suggested errors in inferences derived from evidence — suggested error in conclusion as to pain, anxiety and depression from appearance as witness — held: None of the grounds of appeal raised an error of law in the stringent sense explained in Azzopardi v UEB Industries Ltd (1985) 4 NSWLR 139 — appeal dismissed.

Compensation Court Act 1984, s32(1). Workers' Compensation Act 1926, s11.

Kirby P The Compensation Court Act 1984, s32 has now been amended to permit appeals from the Compensation Court to this Court concerning disputes of fact. However, before 1989, when the amendment appeals were limited (relevantly) to grievances in point of law. Appeals so limited confine the appellate court severely as Glass JA (writing with the concurrence of Samuels JA) pointed out in Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 (CA), 153 at 155ff.