EDWARDS v DAVID BROWN GEAR INDUSTRIES LIMITED [1999] NSWCA 375

New South Wales Court of Appeal CITATION : EDWARDS v DAVID BROWN GEAR INDUSTRIES LIMITED [1999] NSWCA 375 FILE NUMBER(S) : CA 40810/98 HEARING DATE(S) : 14 September 1999 JUDGMENT DATE : 29 October 1999

PARTIES : Graham Edwards - Appellant David Brown Gear Industries Limited - Respondent JUDGMENT OF : Meagher JA at 1; Sheller JA at 2; Fitzgerald JA at 23

LOWER COURT JURISDICTION : Compensation Court LOWER COURT FILE NUMBER(S) : 12981/96 LOWER COURT JUDICIAL OFFICER : Burke CCJ

COUNSEL : Appellant - In Person Respondent - R A Stanton SOLICITORS : Appellant - In Person Respondent - Hickson & Wisewoulds CATCHWORDS : WORKERS COMPENSATION - effect of Pt 14 cl 1 of Workers Compensation Act 1987 on s63 of Workers Compensation Act 1926 - whether claim for compensation for injury the subject of earlier settlement is barred; WORKERS COMPENSATION - whether consent award gave rise to issue estoppel or res judicata where award was for lump sum and where new claim was for weekly compensation Compensation Court Act 1984 ACTS CITED : Workers Compensation Act 1987 Workers Compensation Act 1926 Blair v Curran (1939) 62 CLR 464 CASES CITED: Logwon Pty Ltd v Warringah Shire Council (1993) 33 NSWLR 13 De L v Director General, New South Wales Department of Community Services [No 2] (1997) 190 CLR 207 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 DECISION : 1. Appeal allowed in part; 2. Set aside the award of Judge Burke of 2 October 1998 in so far as the amended application for determination sought weekly compensation for the 5 per cent loss of use of the left arm due to work conditions during the period up to 6 August 1980; 3. Remit the determination of the amended application for weekly compensation for the 5 per cent loss of use of the left arm due to work conditions during the period up to 6 August 1980 to the Compensation Court; 4. Otherwise dismiss the appeal; 5. No order as to the costs of the appeal.