NSW Caselaw
KAYSU HOLDINGS (No 2) PTY LTD v DAVIS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
PRIESTLEY, CLARKE JJA and HUNTER AJA 6, 28 March 1996
[1996] NSWCA 295
S22 Workers Compensation Act 1987 — Apportionment of liability — Incapacity resulting from more than one injury — Causation in workers compensation cases
Priestley JA I agree with Clarke JA.
Clarke JA For the reasons given in Council of Sutherland Shire v Baltica General Insurance Co Ltd and Ors (Court of Appeal, 28 March 1996, unreported) I propose the following orders:
(1) First respondent be dismissed from the appeal;
(2) Appellant to pay the first respondent's costs of this appeal;
(3) Appeal upheld;
(4) That the proceedings be remitted to the Compensation Court for the apportionment of liability according to law;
(5) The respondents, other than the first respondent, to pay the appellant's costs of the appeal and, if otherwise qualified, are to have a Suitors Fund Act certificate in respect of those costs.
I would, however, defer making these orders in order to enable the parties to consider the reasons of the court in Baltica and to bring in short minutes of order.
Hunter AJA I agree with Clarke JA.
(1) First respondent be dismissed from the appeal;
(2) Appellant to pay the first respondent's costs of this appeal;
(3) Appeal upheld;
(4) That the proceedings be remitted to the Compensation Court for the apportionment of liability according to law;
(5) The respondents, other than the first respondent, to pay the appellant's costs of the appeal and, if otherwise qualified, are to have a Suitors Fund Act certificate in respect of those costs.
Counsel for the Appellant: M McAuley
Solicitors for the Appellant: John Sharpe, HIH Winterthur Workers Compensation (NSW) Pty Ltd
Counsel for the First Respondent: K Morrissey Solicitors for the First Respondent: Astley Thompson and Valtas Counsel for the Second Respondent: S Maddocks
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