NSW Caselaw
PATRICK SANDERSON STEVEDORING PTY LIMITED v MATE
SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL
Kirsy ACJ, MAHONEY AP and CLARKE JA 11 July, 25 August 1995
[1995] NSWCA 362
WORKERS COMPENSATION — injury — multiple injuries — apportionment — apportionment of weekly compensation not available — proper adjustment of claims under ss6 and 67 Workers Compensation Act 1987 — whether subjective elements in s67 compensation could be reassessed by the Court of Appeal to achieve finality — held: (Clarke JA; Kirby ACJ and Mahoney AP concurring) (1) The awards made by the primary judge (Maguire CCJ) apportioning weekly compensation must be set aside as contrary to authority. Insurers Guarantee Fund — NEM General Insurance Association Ltd (in Liq) v GIO General Limited (1994) 33 NSWLR 247 (CA) applied; Morris v George & Ors [1977] 2 NSWLR 552 (CA) referred to; (2) The Court of Appeal could not assess compensation for pain and suffering under s67 of the Act because of the subjective elements involved; (3) Award (a) amended in respect of interest and s66 amounts and (b) set aside in respect of s67 amounts.
Workers Compensation Act 1987, ss22, 66, 67, Schedule 6, cl 2(1), Schedule 6 Pt 6 cl 6(1).
Kirby ACJ. I agree with Clarke JA. Mahoney JA. I agree with the judgment of Clarke JA.
Clarke JA. The first respondent, Graeme Ian Mate, sought compensation under the Workers Compensation Act 1987 from five of the employers for whom he worked between 1980 and November 1990. His claim was heard in Newcastle by Judge Maguire on 15 March 1994. His Honour delivered a reserved judgment on 1 July 1994 awarding the first respondent weekly compensation on the basis of total incapacity for work from 7 November 1991 to the date of judgment and continuing. He also awarded the first respondent compensation under s 66 in respect of a 25 per cent impairment of his back and 10 per cent loss of efficient use of his left leg at or above the knee and compensation under s 67 in the sum of $15,000.
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