Antonio Magnou v Australian Wool Testing Authority Ltd [2007] NSWCA 357

New South Wales Court of Appeal

CITATION: Antonio Magnou v Australian Wool Testing Authority Ltd [2007] NSWCA 357

HEARING DATE(S): 13 March 2007

JUDGMENT DATE: 12 December 2007

JUDGMENT OF: Tobias JA; McColl JA; Handley AJA

DECISION: (a) Appeal allowed.; (b) Cross-appeal dismissed.; (c) Verdict and judgment of Puckeridge DCJ dated 16 May 2005 set aside except as to liability.; (d) There be a new trial limited to damages.; (e) The orders made by Puckeridge DCJ on 19 May 2005 that; (i) the respondent pay the appellant's costs of the application to amend the statement of claim made on 11 October 2004, and; (ii) the appellant to pay the respondent's costs of the day of an adjournment on 12 October 2004,; be confirmed. ; (f) Set aside the other orders for costs made by his Honour on 19 May 2005. ; (g) Save as to the orders for costs referred to in (e) above, the costs of the proceedings in the District Court to date to abide the order of the Judge presiding at the new trial. ; (h) The respondent to pay the appellant's costs of the appeal and cross-appeal but to have a certificate under the Suitors' Fund Act, 1951, if otherwise qualified.

CATCHWORDS: APPEAL AND NEW TRIAL - Insufficient findings of primary fact - Inadequate reasons - No question of principle - NEGLIGENCE - Unsafe system of work - Damages - Insufficient findings of primary fact - Inadequate reasons - No question of principle

LEGISLATION CITED: Workers Compensation Act 1987

Chung v Anderson [2004] NSWCA 321 Commonwealth of Australia v McLean (1996) 41 NSWLR 389 CASES CITED: Fox v Wood (1981) 148 CLR 438 Malec v J C Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638 Rabay & Anor v Bristow [2005] NSWCA 199 Wynn v New South Wales Insurance Ministerial Corporation [1995] HCA 53; (1995) 184 CLR 485