WRIGHT v WHITE INDUSTRIES PTY LTD [1993] NSWCA 296

WRIGHT v WHITE INDUSTRIES PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, SHELLER and CRIPPS JJA 6 July 1993, 18 August 1993 [1993] NSWCA 296

JUDGES — reasons — obligation to state — rejection of claim for worker's compensation — finding that worker failed to discharge onus of establishing causal nexus between alleged incapacity and work accidents — failure to deal specifically with worker's alternative case of earlier incapacity — held: (by Sheller JA; Kirby P and Cripps JA concurring): The judge of the Compensation Court failed to give adequate, or any reasons, for dismissing the alternative claim — dismissal of principal claim did not necessarily resolve alternative claim — reasons required — award set aside — proceedings remitted for determination.

WORKERS' COMPENSATION — incapacity — rejection of claim — alternative claim of partial incapacity during past closed period — failure to explain rejection — duty to provide reasons

Soulemezis v Dudley (Holdings) Pty Ltd 1987 NSWLR 247 (CA) applied. Held: Award set aside - matter remitted for redetermination.

Workers Compensation Act 1987. Kirby P I agree with Sheller JA.

Sheller JA WORKERS COMPENSATION CLAIM

The appellant, Glen Wright, by application dated 7 November 1989, claimed from the respondent, White Industries Pty Ltd, compensation under the Workers' Compensation Act 1987 from 29 April 1988 and continuing. In substance his claim was that he was partially incapacitated as the result of injury to his neck suffered in two work place incidents, one on 6 April 1987 and the other in March 1988. The applications came on for hearing before Moroney CCJ who, in a reserved judgment given on 10 December 1990, made an award in favour of the respondent. The appeal is against this award. The parties were agreed that the appeal was at large and not limited to a point of law.