REGAL PAINTS PTY LTD v WASSON; REGAL PAINTS Pty Ltd v VELLA [1993] NSWCA 228

REGAL PAINTS PTY LTD v WASSON; REGAL PAINTS Pty Ltd v VELLA

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and Cripps JJA 19 November 1992, 3 June 1993

[1993] NSWCA 228

WASSON'S CASE WORKERS COMPENSATION — awards ordered under s66, s67, and s68 Workers Compensation Act 1987 — employer appeals on grounds mistakes of fact and law in percentage findings of loss in award under s66 and s68; 2 appropriate assessment of s67 award was to calculate 30% of maximum amount fixed for most extreme case; 3. on basis that no difference between compensation under Workers Compensation Act and damages for non-economic loss MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 576 should be applied in regard to interest Held as to 1 no misunderstanding of fact or law on evidence; 2 each case must be judged on merits, and no error shown that discretionary type judgment miscarried here; 3 Gogic directed to basically different situation and not applicable.

VELLA'S CASE WORKERS COMPENSATION — second appeal against similar orders for similar injuries to co-worker involved in same accident — same matters argued — no different considerations — same conclusions.

Mahoney JA Having regard to the principles which have been established in this regard, I agree with the judgment of Priestley JA.

Priestley JA Mr Wasson's case. Mr Wasson, the respondent in the first of thesetwo appeals was injured at work on 30 March 1989 He was employed by the appellant Regal Paints Pty Ltd His injuries, principally burns, were the result of an explosion which caused a fire Mr Vella suffered similar injuries in the same accident Mr Wasson applied to the Compensation Court for compensation under the Workers Compensation Act 1987 ("the Act'). His case came before his Honour Judge Gibson on 15 November 1991 On 30 March 1992 his Honour delivered judgment as follows: