Crown Glass & Aluminium P/L v Ibrahim [2005] NSWCA 195

New South Wales Court of Appeal

CITATION: Crown Glass & Aluminium P/L v Ibrahim [2005] NSWCA 195

HEARING DATE(S): 23 May 2005

JUDGMENT DATE: 30 June 2005

JUDGMENT OF: Tobias JA at 1; McColl JA at 57; Campbell AJA at 145

DECISION: 1) Appeal allowed in part; 2) Orders 1(1) and 1(2) made by Walker DCJ on 3 June 2004 be set aside; 3) Order 1(3) made by Walker DCJ on 3 June 2004 be varied by deleting therefrom the date "1 October 2000" and substituting in lieu thereof the date "30 November 2001"; 4) Otherwise appeal dismissed; 5) The appellant to pay the respondent's costs of the appeal.

CATCHWORDS: WORKERS COMPENSATION - Employee assaulted outside his home - Whether injury occurred in the course of employment - Whether at the time of assault employee carrying sum of money for purpose of paying wages - EVIDENCE - Appeals - Question of law - Circumstances in which finding of fact can reveal error of law - Conflicting evidence concerning source of the sum of money - Employee's primary evidence regarding source of money altered as a result of cross-examination - Whether evidence as accepted by primary judge could properly base his finding of fact that employee had money on him when assaulted - Whether primary judge's conclusion of fact involved a form of rationalisation in order to enable a finding in employee's favour which was otherwise unsupported by evidence

LEGISLATION CITED: N/A

Woods v Multi-Sport Holdings Pty Limited (2002) 208 CLR 460 Holland v Jones (1917) 23 CLR 149 Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 Randwick Municipal Council v Manousaki (1988) 66 LGRA 330 CASES CITED: McPhee v S Bennett Limited (1935) 52 WN (NSW) 8 So v So [2004] NSWCA 67 Ambulance Service of New South Wales v Daniel (2000) 19 NSWCCR 697 Suvaal v Cessnock City Council (2003) 77 ALJR 1449