CRAMPTON v AUSTRALlAN IRON AND STEEL PTY LTD [1995] NSWCA 106

CRAMPTON v AUSTRALIAN IRON AND STEEL PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, MEAGHER JJA and ROLFE AJA 3 October 1995 [1995] NSWCA 106

WORKER'S COMPENSATION Application by successful respondent for indemnity costs refused

Clarke JA I can see no reason why the usual costs order should not be made in this case. In my opinion Mr Crampton's motion is misconceived. Accordingly, I agree with the orders proposed by Rolfe AJA and, generally, with his Honour's reasons.

Meagher JA I agree with Rolfe AJA.

Rolfe AJA INTRODUCTION

On 29 June 1993 O'Toole CCJ made an award in favour of Graeme Duncan Crampton, ("Mr Crampton"), against Australian Iron and Steel Pty Ltd, ("AIS"), in the Compensation Court of New South Wales. By a Notice of Appeal filed on 14 July 1993 AIS appealed to this Court against that decision, the grounds of appeal being: -

"1. Her Honour erred in determining that on or about 1986 the respondent worker suffered an injury to both eyes arising out of or in the course of his employment with the appellant employer.

2. That her Honour erred in determining that since on or about 26 July 1989, the respondent worker was partially incapacitated to perform the normal duties of a shift engineer underground.

3. That her Honour failed to give any or adequate reasons for not accepting the appellant's medical evidence.

4. That her Honour erred in not allowing the appellant employer to present its case in a manner which accords with the rules of natural justice and in particular, by not admitting the evidence of its medical witness on the 29th June 1993.

5. That her Honour's findings were against the evidence and against the weight of the evidence."

The appeal papers were settled on 9 September 1993. The appeal was listed for hearing on 16 August 1995 and, on 10 August 1995, AIS delivered its written submissions to this Court and to the solicitors for Mr Crampton. The submissions commenced by advising that at the hearing AIS would seek leave to amend the Notice of Appeal to include "only the following grounds: -