CONTAINER TERMINALS OF AUSTRALIA LTD v FINNEY and ORS [1995] NSWCA 93

CONTAINER TERMINALS OF AUSTRALIA LTD v FINNEY SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL MEAGHER, SHELLER and POWELL JJA

12 April 1995, 14 September 1995

[1995] NSWCA 93

Workers Compensation — Assessment and amount of compensation — Claim for weekly compensation and for lump sum awards pursuant to s66 and s67 — Incapacity resulting from injuries received before and after commencement of 1987 Act — Against whom award to be made.

Workers Compensation — Liability for — Successive employers — Worker suffering

successive injuries resulting in incapacity — Injuries received before and after commencement of 1987 Act — Sole liability of last employer — Claim for apportionment.

Workers Compensation — Assessment and amount of compensation — claim for weekly compensation and for lump sum awards pursuant to s66 and s67 — Incapacity resulting from injuries received before and after commencement of 1987 Act — Against whom award to be made.

Workers Compensation — Liability for — Successive employers — Worker suffering successive injuries resulting in incapacity — Injuries received before and after commencement of 1987 Act — Sole liability of last employer — Claim for Apportionment.

The First Respondent ("the worker") was, for a period of 12 years, or more, employed on the waterfront in the capacity of a tally clerk, the duties then expected to be performed by a tally clerk seemingly being far more extensive than used once to have been the case. During that period, the worker was employed, in succession by the Respondents, Liner, Conaust, and SEAL. and the

Appellant, CTAL. The worker's employment with Liner was all before 1987, that with Conaust partly before, and partly after the coming into force of the 1987 Act, that with SEAL between November 1991 and 1992, and that with CTAL from and after November 1992.