NSW Caselaw
New South Wales Court of Appeal
CITATION: Tweed Shire Council v Garrie Marriott [2008] NSWCA 166
JUDGMENT OF: Beazley JA at 1, 29, 31; Ipp JA at 2; Handley AJA at 30
EX TEMPORE JUDGMENT DATE: 8 July 2008
DECISION: Appeal dismissed with costs
CATCHWORDS: WORKERS COMPENSATION - back injury - finding of incapacity - sufficiency of evidence - WORKERS COMPENSATION - appeal from arbitrator - procedural fairness - REASONS - whether adequate and sufficient
LEGISLATION CITED: Workplace Injury Management and Workers Compensation Act 1998
CATEGORY: Principal judgment
PARTIES: Tweed Shire Council (Appellant) Garrie Marriott (Respondent)
FILE NUMBER(S): CA 40695/07
COUNSEL: L King SC; J Catsanos (Appellant) P Rickard (Respondent)
SOLICITORS: Bartier Perry (Appellant) White Barnes (Respondent)
LOWER COURT JURISDICTION: Workers Compensation Commission
LOWER COURT FILE NUMBER(S): NSWWCC21272-05
LOWER COURT JUDICIAL OFFICER: Candy ADP
LOWER COURT DATE OF DECISION: 1 May 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40695/07
BEAZLEY JA IPP JA HANDLEY AJA
Ex tempore 8 July 2008 TWEED SHIRE COUNCIL v GARRIE MARRIOTT Judgment 1 BEAZLEY JA: I will ask Ipp JA to read the first judgment.
2 IPP JA: This is an appeal against a decision by Acting Deputy President Candy in the Workers Compensation Commission concerning the entitlement of Mr Garrie Marriott to weekly compensation from his former employer, the Tweed Shire Council.
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