VIDESKI v AUSTRALIAN IRON and STEEL PTY LTD [1993] NSWCA 282

VIDESKI v AUSTRALIAN IRON and STEEL PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MEAGHER and Cripps JJA 17 February 1993, 17 June 1993

[1993] NSWCA 282

WORKERS' COMPENSATION — lump sum compensation — claim for permanent impairment of back and for pain and suffering — injury undisputed — worker in receipt of continuing weekly compensation — claim of permanent impairment of back contested — objective medical evidence supports degree of impairment — judge of Compensation Court (O'Toole CCJ) finds permanent impairment — awards $4,000 in respect thereof — appeal on issues of law and fact

EVIDENCE — witness — demeanour of — approaching witness box — conduct in witness box — judge's observations of — where likely to influence decision — duty of judge to draw to attention of counsel

JUDGES — reasons — necessity to state — obligation to explain grounds — relevance of seriousness of the decision for the rights and duties of the parties — extent of detail required — desirability of clear expression of statutory test to be applied — claim for lump sum compensation under s66 and s67 Workers Compensation Act 1987 — observations by members of the Court on the judicial duty to state reasons for decisions.

ANTI DISCRIMINATION — racial discrimination — bias for cultural stereotypes — exaggeration of symptoms — responses of different cultures in a public courtroom in Australia — differing views of Kirby P and Meagher JA thereon.

Held: (Cripps JA, Meagher JA concurring; Kirby P dissenting):

(1) The judge's reasons adequately stated the grounds of her decision.

Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 (CA); Apps and Anor v Pilet (1987) 11 NSWLR 350 (CA); Offset Alpine Printing Pty Ltd v Porteous, Court of Appeal, unreported, 30 October 1992; (1992) NSWJB 115 applied;