Entrance to Glamour v Pignat [1999] NSWCA 475

New South Wales Court of Appeal CITATION : Entrance to Glamour v Pignat [1999] NSWCA 475 FILE NUMBER(S) : CA 40865/98 HEARING DATE(S) : 16 September 1999 JUDGMENT DATE : 21 December 1999

PARTIES : Entrance to Glamour v Nicole Janine Pignat JUDGMENT OF : Priestley JA at 1; Meagher JA at 10; Stein JA at 11

LOWER COURT JURISDICTION : Compensation Court LOWER COURT FILE NUMBER(S) : CC 15816/96 LOWER COURT JUDICIAL OFFICER : His Honour Judge Walker

COUNSEL : Appellant - J.D. Hislop QC / J. Callaway Respondent - J. Curran SOLICITORS : Appellant - Dunhill Madden Butler Respondent - P.K. Simpson & Co CATCHWORDS : Workers compensation; Trial practice ACTS CITED : Workers Compensation Act (1987) CASES CITED: Bread Manufacturers of NSW (1981) 180 CLR 404 DECISION : Appeal dismissed with costs

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40865/98 CC 15816/96

PRIESTLEY JA MEAGHER JA STEIN JA

Tuesday, 21 December 1999

ENTRANCE TO GLAMOUR v PIGNAT

WORKERS COMPENSATION - trial practice - main ground of appeal that trial judge had decided worker's claims on a basis on which employer had no opportunity to be heard - indication during hearing and addresses sufficient to alert employer that trial judge might take course which he did - no denial of natural justice - subsidiary grounds concerning evidentiary points relied on but not accepted - appeal dismissed. ORDERS Appeal dismissed with costs.

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40865/98 CC 15816/96

PRIESTLEY JA MEAGHER JA STEIN JA

Tuesday, 21 December 1999

ENTRANCE TO GLAMOUR v PIGNAT