NSW Caselaw
New South Wales Court of Appeal CITATION : Fugen Holdings Pty Ltd v Brassington [1999] NSWCA 107 revised - 22/04/99 FILE NUMBER(S) : CA 40116/98 HEARING DATE(S) : 15/04/99 JUDGMENT DATE : 15 April 1999
FUGEN HOLDINGS PTY LTD PARTIES : v MICHAEL BRASSINGTON JUDGMENT OF : Priestley JA at 30; Giles JA at 1; Studdert AJA at 31
LOWER COURT JURISDICTION : Compensation Court LOWER COURT FILE NUMBER(S) : CC4639/97 LOWER COURT JUDICIAL OFFICER : Walker CCJ
COUNSEL : Appellant - J D Hislop QC & G J Parker Respondent - J L Glissan QC & G P Edwards SOLICITORS : Appellant - McCulloch & Buggy, Sydney Respondent - Taylor & Scotts, Parramatta CATCHWORDS : WORKERS COMPENSATION - lump sum compensation - did not fail to assess permanent impairment - did not take irrelevant matters into account - did wrongly assess permanent impairment as percentage of a most extreme case when should have assessed percentage of compensation payable for total loss - Jones Brothers Bus Co Pty Ltd v Baker (1992) 26 NSWLR 322 referred to - but on facts no difference in result; WORKERS COMPENSATION - compensation for pain and suffering - referred to pain and suffering as result of injury - compensation should have been for pain and suffering as a result of loss - Borovac v Corporate Ventures Pty Ltd (1995) 12 NSWCCR 84 - on facts no difference - award not excessive. DECISION : Appeal dismissed with costs.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40116/98 CC 4639/97
PRIESTLEY JA GILES JA STUDDERT AJA
Thursday 15 April 1999
FUGEN HOLDINGS PTY LTD v BRASSINGTON
JUDGMENT
1 GILES JA: The respondent Mr Michael Brassington was injured in the course of his employment as a bricklayer with the appellant Fugen Holdings Pty Ltd. He applied for an award of lump sum compensation pursuant to s 66 of the Workers Compensation Act 1987 ("the Act") and compensation for pain and suffering pursuant to s 67 of the Act. On 16 February 1998 Walker CCJ made an award of a total of $77,000 made up of -
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