NSW Caselaw
New South Wales Court of Appeal
CITATION : BHP Steel v Oliver [2002] NSWCA 76 FILE NUMBER(S) : CA 40320 of 2001 HEARING DATE(S) : 15/03/02 JUDGMENT DATE : 3 April 2002
BHP Steel (AIS) Pty Limited PARTIES : v Kim John Oliver JUDGMENT OF : Meagher JA at 1; Giles JA at 12; Ipp AJA at 31
LOWER COURT JURISDICTION : Compensation Court LOWER COURT 40228 of 1999 FILE NUMBER(S) : LOWER COURT Bishop J JUDICIAL OFFICER :
COUNSEL : A: Mr J Hislop QC with Mr G Levick R: Mr J Little SC with Mr B Ingram SOLICITORS : A: Sparke Helmore R: Maguire & McInerney CATCHWORDS : Section 11 of the Workers' Compensation Act 1926 - whether respondent was capable of earning his full pre-injury wage and therefore no award should have been made - whether award calculated by trial judge could be justified - appeal dismissed with costs. Workers' Compensation Act 1926 LEGISLATION CITED : Workers' Compensation Act 1987 Coal Mines Regulation Act 1982 Compensation Court Act 1984 Aitkin v Goodyear Tyre & Rubber Co (Aust) Ltd (1945) 46 SR 20 Ward v Corrimal-Balgownie Collieries Ltd (1938) 61 CLR 120 Australian Iron & Steel Pty Ltd v Elliott (1967) 67 SR (NSW) 87 CASES CITED: Arnotts Snack Products Pty Ltd v Yacob (1985) 155 CLR 171 North Broken Hill Ltd v Tumes (1999) 18 NSWCCR 412 Novello v Zinc Corporation Ltd (1988) 14 NSWLR 25 Australian Wheat Board v Pantaleo (1984) 3 NSWLR 530 DECISION : Appeal dismissed with costs.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate