KORANI v LITHGOW DISTRICT HOSPITAL and ANOR [1994] NSWCA 170

KORANI v LITHGOW DISTRICT HOSPITAL SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY, SHELLER and POWELL JJA 31 May 1994, 31 May 1994

[1994] NSWCA 170

APPEALS — Incompetence of appeal WORKER'S COMPENSATION — s32 Compensation Court Act 1984

The appellant filed a Notice of Appeal from a decision given in the Compensation Court in which an award was made in his favour. The notice of appeal did not challenge the terms of the award. What was challenged was part of the trial judge's reasons where he dealt with the claim by the worker to have suffered psychiatric illness in the course of his employment. This was not a legitimate basis for appeal.

The appellant sought to amend the notice of appeal so as to challenge the order made with regard to the payment of psychiatric expenses. However, there was no material before the Court on this matter.

In addition, this case fell within s32(3) of the Compensation Court Act 1984 which provides that:

"If an appeal involves neither:

(a) a point of law or the admission or rejection of any evidence; nor

(b) compensation amounting to $10,000 or more the appeal lies by leave of the Supreme Court."

Without leave being granted, the appeal was incompetent and no formal application for leave to appeal had been made.

Sheller JA A worker, Abbas Korani, has filed a Notice of Appeal from a decision given on 4 November 1991 by the Chief Judge of the Compensation Court, Judge McGrath, in which he made an award in favour of the worker on the basis of total incapacity. The orders and awards that his Honour made were as follows:

"1. That the first respondent pay the applicant, on the basis of total incapacity, weekly compensation at the rate of $261.00 from 26th July 1990 to 30th September 1990, $273.00 from 1st October 1990 to 31st March 1991, $276.60 from Ist April 1991 to 30th September 1991, $278.60 from Ist October 1991, such weekly payments to continue in accordance with the provisions of the Act.