WARRAMUNGA ADVANCEMENT CO-OPERATIVE LTD v READ [1995] NSWCA 494

WARRAMUNGA ADVANCEMENT CO-OPERATIVE LTD v READ SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL PRIESTLEY, CLARKE and HANDLEY JJA

7 August 1995, 7 August 1995

[1995] NSWCA 494

WORKERS COMPENSATION

Priestley JA The appellant employer in this appeal has put forward a number of grounds supporting the submission that orders made by Judge Davidson of the Compensation Court in favour of the respondent worker should be set aside. I do not think any of these grounds can succeed. Each raises a matter that was dealt with by the trial judge in the reasons he gave for making the orders appealed against. Those reason, to my mind, satisfactorily explain his decisions and show no basis for this court interfering with his orders. Nor do I see any point in this court doing anything more in this appeal than saying that the trial judge's reasons adequately deal with the matters in issue in the litigation and need no further elaboration in this court.

I say these things without intending any discourtesy to Mr Saul who presented the appellant's arguments in, if I may say so, a reasonable fashion, bearing in mind the difficulties with which he was contending. The appeal, however, remains to my mind one which at no stage should have been seen as having any prospects of success. In my opinion the appeal should be dismissed with costs.

Clarke JA I agree. Handley JA I agree.

Priestley JA: The order of the court therefore is the appeal is dismissed with costs.

Counsel for the Appellant: DG SAUL

Counsel for the Respondent: RI HARRINGTON Solicitors for the Appellant: HUNT AND HUNT Solicitors for the Respondent: BAKERS