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