NSW Caselaw
New South Wales Court of Appeal
Wyong Shire Council v Paterson [2005] NSWCA 74 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 15 March 2005
JUDGMENT DATE: 15 March 2005
JUDGMENT OF: Giles JA at 1; Hodgson JA at 46; Brownie AJA at 47
DECISION: Appeal dismissed with costs.
CATCHWORDS: Workers compensation - decision of Arbitrator - appeal by way of review to Deputy President - appeal to Court of Appeal for error in point of law - references to frank injury and nature and conditions claim - whether error in saying Arbitrator had found a frank injury - Arbitrator found injury suffered on particular date - no error - whether error in finding that there was a reasonable amendment in the Arbitrator permitting a nature and conditions claim - no question of amendment - claim unchanged - injury found - no error - whether error in conducting review without transcript of oral evidence before Arbitrator - transcript unavailable - Deputy President considered she could properly review Arbitrator's decision - absence of transcript does not mean new hearing - assuming there was a discretion, no error shown in exercise of discretion. D
Wyong Shire Council - Appellant PARTIES: Shane Brentnail Paterson - Respondent
FILE NUMBER(S): CA 40693/04
G Beauchamp - Appellant COUNSEL: G Rich - Respondent
Greylings Attorneys - Appellant SOLICITORS: Taylor & Scott, Newcastle - Respondent
LOWER COURT JURISDICTION: Workers Compensation Commission
LOWER COURT FILE NUMBER(S): WCC 10455-2003
LOWER COURT JUDICIAL OFFICER: Deputy President Fleming
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40693/04 WCC 10455-2003
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