FREIGHTCORP v DUNCAN [2000] NSWCA 309

New South Wales Court of Appeal

CITATION : FREIGHTCORP v DUNCAN [2000] NSWCA 309 FILE NUMBER(S) : CA 40998/99 HEARING DATE(S) : 6 October 2000 JUDGMENT DATE : 1 November 2000

FREIGHTCORP (Appellant) PARTIES : v STEPHEN JAMES DUNCAN (Respondent) JUDGMENT OF : Handley JA at 1; Beazley JA at 2; Davies AJA at 3

LOWER COURT JURISDICTION : Compensation Court LOWER COURT 40880/99 FILE NUMBER(S) : LOWER COURT Armitage CCJ JUDICIAL OFFICER :

COUNSEL : A: Mr G M Watson, Mr M H Best R: Mr M B Inglis SOLICITORS : A: Sparke Helmore R: Commins Hendriks CATCHWORDS : Workers' Compensation - redundancy - whether, by accepting offer of redundancy, the worker rejected suitable employment - whether the worker's action was unreasonable - meaning of "obtains suitable employment" discussed but not determined. LEGISLATION CITED : Workers Compensation Act 1987, s 40 Compensation Court Rules, Pt 11 r 3 CASES CITED: Fazlic v Milingimbi Community Inc. (1982) 150 CLR 345 DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40998/99 CC 40880/99

HANDLEY JA BEAZLEY JA DAVIES AJA

Wednesday 1 November 2000

FREIGHTCORP v Stephen James DUNCAN

JUDGMENT 1 HANDLEY JA: I agree with Davies AJA. 2 BEAZLEY JA: I agree with Davies AJA. 3 DAVIES AJA: This appeal is from an award of the Compensation Court of New South Wales constituted by his Honour Judge Armitage. Under s 32 of the Compensation Court Act, 1984, the appeal is limited relevantly to a point of law. 4 Relevant provisions of the Workers Compensation Act, 1987 ("the Act") provide as follows: 40 (1) Entitlement . The weekly payment of compensation to an injured worker in respect of any period of partial incapacity for work is to be an amount not exceeding the reduction in the worker's weekly earnings, but is to bear such relation to the amount of that reduction as may appear proper in the circumstances of the case.