Sia v. The Frank Whiddon Masonic Homes of NSW [2004] NSWCA 466

New South Wales Court of Appeal

CITATION : Sia v. The Frank Whiddon Masonic Homes of NSW [2004] NSWCA 466 HEARING DATE(S) : 12 October 2004 JUDGMENT DATE : 17 December 2004

JUDGMENT OF : Beazley JA at 1; Hodgson JA at 2; Bryson JA at 45 DECISION : 1. Appeal allowed. 2. Respondent to pay appellant's costs of the appeal and to have a Suitors Fund certificate if otherwise eligible. 3. Time for cross-appeal extended, notice of cross-appeal to be filed within 14 days. 4. Cross-appeal dismissed with costs. 5. Verdict and order for costs below set aside, and in lieu thereof declaration that the respondent is liable to pay damages to the appellant in an amount to be assessed, and order that the respondent pay the appellant's costs of the proceedings to date. 6. Matter remitted to the District Court for a new trial on the question of damages. 7. If either party seeks an order under s.110K of the Supreme Court Act, it can apply by written submissions within 7 days, to which the other side can respond by written submissions within a further 7 days.

CATCHWORDS : WORKERS' COMPENSATION - PRACTICE - Appeal - Award of damages - Primary judge not addressing credibility of appellant's sworn evidence, or extent of her depression, pain and exaggeration of symptoms - Reasons inadequate - New trial on damages PARTIES : Zenadia Sia - appellant The Frank Whiddon Masonic Homes of NSW - respondent FILE NUMBER(S) : CA 41043/03 COUNSEL : Mr. M. Aldridge SC with Ms. J. Ryan for appellant Mr. H. Halligan for respondent SOLICITORS : Bryden's Law Office, Liverpool for appellant Hicksons, Sydney for respondent

LOWER COURT District Court JURISDICTION : LOWER COURT DC 6025/01 FILE NUMBER(S) : LOWER COURT Balla DCJ JUDICIAL OFFICER :