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 Solicitors for the Second Respondent: Edwards Johnstone Sullivan 2 UNREPORTED JUDGMENTS Counsel for the Third and Fourth Respondents: L King SC and P Rickard Solicitors for the Third Respondent: Pieterse and Pieterse Solicitors for the Fourth Respondent: Curwood and Partners