Brighton Ceiling Pty Ltd v Pocrnja & Ors [2005] NSWCA 175

New South Wales Court of Appeal

CITATION: Brighton Ceiling Pty Ltd v Pocrnja & Ors [2005] NSWCA 175

HEARING DATE(S): 18 May 2005

JUDGMENT DATE: 18 May 2005

JUDGMENT OF: Giles JA at 1 & 21; Santow J at 19 & 22; McClellan AJA at 20 & 23

DECISION: Leave to appeal granted. Claimant directed to file a notice of appeal within fourteen days. Appeal allowed. In lieu of the order, if any made by Hughes DCJ, the award of the arbitrator be reinstated without modification. Costs order made by Hughes DCJ set aside. No orders for costs either before Hughes DCJ or at the appellate level, to the intent that each side will pay its and their own costs at both stages.

CATCHWORDS: Employer's claim for indemnity for worker's compensation benefits paid to worker injured by negligence of third party - s151Z Workers Compensation Act - ceiling of amount of damages worker could have recovered from third party - claim to $104,000 - arbitrator found damages $240,000 - component of non-economic loss of $46,000 - order for limited rehearing in District Court as to that component - could not affect result in employer's claim - hypothetical question - judge should have declined to entertain it.

Bass v Permanent Trustee Company Ltd (1999) 198 CLR 334; CASES CITED: Grant v Royal Rehabilitation Centre Sydney (1999) 47 NSWLR 263; Sanderson Computers Pty Ltd v Urica Library Systems BV (1998) 44 NSWLR 73.

Brighton Ceiling Pty Ltd - Claimant/Appellant Mikan Pocrnja - First Opponent/First Respondent PARTIES: Alan Ghialis - Second Opponent/Second Respondent State Transit Authority of NSW - Third Opponent/Third Respondent

FILE NUMBER(S): CA 40525/04

L King SC & M Jenkins - Claimant/Appellant COUNSEL: L Morris QC & A Black - First to Third Opponents/Respondents