Ejaz v Thornoil Pty Limited [2001] NSWCA 222

New South Wales Court of Appeal

CITATION : Ejaz v Thornoil Pty Limited [2001] NSWCA 222 FILE NUMBER(S) : CA 40057/00 HEARING DATE(S) : 4 July 2001 JUDGMENT DATE : 16 July 2001

PARTIES : Mohammad Ejaz v Thornoil Pty Limited JUDGMENT OF : Priestley JA at 1; Beazley JA at 27; Ipp AJA at 28

LOWER COURT JURISDICTION : Compensation Court LOWER COURT CC 15668/97 FILE NUMBER(S) : LOWER COURT His Honour Judge Bishop JUDICIAL OFFICER :

COUNSEL : Appellant - D. Baran Respondent - J.D. Hislop QC / D. Stanton SOLICITORS : Appellant - Buttar, Caldwell & Co Respondent - Hickson Wisewoulds CATCHWORDS : Workers Compensation - claim dismissed upon factual findings - no point of law raised in appeal LEGISLATION CITED : Workers Compensation Act - s40 DECISION : Appeal dismissed with costs.

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40057/00 CC 15668/97

PRIESTLEY JA BEAZLEY JA IPP AJA

Monday, 16 July 2001

EJAZ v THORNOIL PTY LIMITED

The appellant's claims for compensation under the Workers Compensation Act were dismissed in the Compensation Court consequent upon factual findings adverse to the worker. On appeal, which was permitted only on points of law, it became plain that the appellant's grounds of appeal were on factual matters only and did not raise any point of law. Held: appeal dismissed with costs. ORDERS Appeal dismissed with costs.

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40057/00 CC 15668/97

PRIESTLEY JA BEAZLEY JA IPP AJA

Monday, 16 July 2001

EJAZ v THORNOIL PTY LIMITED

1 PRIESTLEY JA: The appellant/worker claimed compensation in the Compensation Court for injuries to his back and both legs at work on 21 August 1995. He claimed that the injury caused total incapacity for work.