Holz v Camden Park Ex-Servicemen and Bowling Club Ltd [2003] NSWCC 1

Compensation Court of New South Wales

CITATION : Holz v Camden Park Ex-Servicemen and Bowling Club Ltd [2003] NSWCC 1 Gina M Holz PARTIES : v Camden Park Ex-Servicemen & Bowling Club Ltd MATTER NUMBER(S) : 39837 of 2001 JUDGMENT OF: Armitage J at 1 CATCHWORDS: Appeal - Elements of Workers Compensation :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 11/02/03 EX TEMPORE JUDGMENT DATE : 02/11/2003

FOR APPELLANT: Mr J A Jobson instructed by McCulloch & Buggy LEGAL REPRESENTATIVES: FOR RESPONDENT: Mr P R Stockley instructed by Paul A Curtis

JUDGMENT: 1. This is an appeal by the unsuccessful respondent, Camden Park Ex-Servicemen & Bowling Club Ltd ("the employer") against a decision of Commissioner Wright, given by judgment on 6 September 2002 in favour of the successful applicant, Gina Marie Holz, ("the worker") making an award in favour of Ms Holz on the basis of total incapacity for work from 16 January 2001 to date and continuing under s 36 and s 37 of the Workers Compensation Act 1987 ("the Act"). 2. The basis of the award was a series of factual findings made by the Commissioner in which it is sufficient to say he accepted the worker's evidence that she had suffered psychological injury arising out of and apparently also in the course of her employment with the respondent, and dismissed the employer's defence based on s 11A of the Act. I say it is sufficient to outline the Commissioner's factual findings in this way because the grounds of appeal before me have been considerably narrowed. They are contained in the affidavit of Mr Stewart, the solicitor for the employer sworn on 26 September 2002. They were originally ten in number. 3. Those relied on by Mr Jobson of counsel who appears for the employer now are only grounds 7 and 10 which are respectively: The Commissioner also ignored the applicant's own evidence that she thought she was capable of performing a wide range of activities and has been seeking work. and: