JLT SCAFFOLDING INTERNATIONAL PTY LTD (IN LIQUIDATION) v SILVA [1994] NSWCA 157

JLT SCAFFOLDING INTERNATIONAL PTY LTD (IN LIQUIDATION) v SILVA

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MAHONEY and PRIESTLEY JJA

1 February 1994, 30 March 1994

WORKERS' COMPENSATION — appeal — proper approach to — significance of enlarge facility of appeal — significance of factual findings by specialist tribunal — necessity of appellant to establish error — proper approach of Court of Appeal to compensation appeals on medical and factual issues — discussion by Kirby P of matters of approach.

WORKERS' COMPENSATION — incapacity — causes of — whether caused by significant injury when worker fell through four storeys of building site — whether earlier injuries with same and earlier employer inculpated — failure to cross examine medical opinions allegedly with inadequate histories — failure to tender earlier transcript allegedly inconsistent — failure to question worker on allegedly inconsistent earlier evidence — held: The transcript of earlier proceedings which was not tendered in the subsequent proceedings could not be admitted on the appeal. JUDGES — reasons — duty to state — obligation to express grounds for decision — adequacy of reasons — held: Reasons adequately stated — errors of fact finding insubstantial and not sufficient to require setting aside of award.

Workers Compensation Act 1987, s66, and s67.

Kirby P This appeal challenges a number of factual determinations of O'Meally CCJ. It also concerns a complaint that his Honour failed to give reasons for his determinations, as required by law.

A worker sustains three compensible injuries Mr John Silva (the worker) is the respondent in this appeal. He came to Australia in 1974 from Chile. Thereafter, he was employed as a rigger. He worked successively for "Hoover", "Repco" and JLT Scaffolding International Pty Ltd (the employer), now in liquidation. The employer is the appellant in this appeal. The worker performed duties as a rigger and scaffolder with the appellant.