NSW Caselaw
New South Wales Court of Appeal CITATION : Transfield Pty Limited v Mario Mastroianni [No 2] [1999] NSWCA 269 FILE NUMBER(S) : CA 40775/97 HEARING DATE(S) : Considered on the papers JUDGMENT DATE : 27 July 1999
PARTIES : Transfield Pty Limited Mario Mastroianni JUDGMENT OF : Handley JA at 1; Beazley JA at 1; Sheppard AJA at 1
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 255/93 LOWER COURT JUDICIAL OFFICER : Newtown DCJ
COUNSEL : Appellant - M B Duncan Respondent - B S Robison SOLICITORS : Appellant - Edwards Johnstone Sullivan Respondent - Maurice May & Co CATCHWORDS : WORKERS COMPENSATION; INDUSTRIAL DEAFNESS; whether amount awarded for provision of hearing aids should be reduced to reflect worker's rights to medical expenses under s 60 of the Workers Compensation Act 1987 (NSW) ACTS CITED : Workers Compensation Act 1987: ss 60, 66 DECISION : Further Orders Made
THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
CA 40775/97 DC 255/93
HANDLEY JA BEAZLEY JA SHEPPARD AJA
Tuesday 27 July 1999
TRANSFIELD PTY LTD v MARIO MASTROIANNI [NO 2]
JUDGMENT
1 THE COURT: This appeal was heard on 11 and 12 March 1998 and judgment was given on 24 June 1998. The Court made the following orders:
(1) Appeal allowed;
(2) Set aside the judgment of the District Court except as to costs
and in lieu thereof substitute judgment for the plaintiff for
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