FRESH FARM PRODUCE PTY LIMITED v THUC ANH TU [2001] NSWCA 448

New South Wales Court of Appeal

CITATION : FRESH FARM PRODUCE PTY LIMITED v THUC ANH TU [2001] NSWCA 448 FILE NUMBER(S) : CA 40470/00 HEARING DATE(S) : 2 November 2001 JUDGMENT DATE : 3 December 2001

PARTIES : FRESH FARM PRODUCE PTY LIMITED v THUC ANH TU JUDGMENT OF : Mason P at 1; Sheller JA at 48; Mathews AJA at 49

LOWER COURT JURISDICTION : Compensation Court LOWER COURT CC 4794/98 FILE NUMBER(S) : LOWER COURT Moran CCJ JUDICIAL OFFICER :

COUNSEL : Appellant: J M Ireland QC/ P Evans Respondent: A Morrison SC/ B McManamey SOLICITORS : Appellant: A O Ellison & Co Respondent: Stacks the Law Firm CATCHWORDS : Workers Compensation - injury from potato-brushing machine - worker suffered laceration to ear and face and blow to the head - Commissioner found worker totally incapacitated for employment - award for weekly payments made - challenge to award - whether Commissioner failed in judicial obligation to give reasons - causation - schizophrenia - whether accident was contributing factor - whether causal link a possibility or probability - several possibilities established by evidence as triggers for schizophrenia, including worker's divorce or underlying condition- factual finding that no loss of consciousness followed the accident - medical reports favourable to worker were based on substantial loss of consciousness - evidence of treating doctor not analysed in judgment - no findings resolving conflicts between opinions - remitted to Compensation Court for rehearing. (ND) CASES CITED: Mifsud v Campbell (1991) 21 NSWLR 725 DECISION : 1. Award of Hunt C that was confirmed by Moran CCJ set aside.; 2. Proceedings remitted to the Compensation Court for rehearing.; 3. Respondent to pay appellant's costs of the appeal and to have a certificate under the Suitors' Fund Act.