BORIBO PTY LTD v MUNDY [1993] NSWCA 31

BORIBO PTY LTD v MUNDY [1993] NSWCA 31

By majority, the Court held that the trial judge made no legal or factual error in awarding 15% of the statutory maximum for back impairment and in assessing pain and suffering, as both were within discretionary bounds and supported by evidence.

Parties
Appellant/employer: BORIBO PTY LTD; Respondent/worker: MUNDY
Jurisdiction
Australia
Judgment Date
02 April 1993
Procedural Posture
Appeal / Judgment in Court of Appeal
Outcome
Appeal dismissed (by majority), except as to interest; interest order varied; otherwise, orders of the Compensation Court affirmed with costs.
Legal Topics
Lump Sum Compensation, Permanent Impairment, Pain and Suffering, Interest on Compensation
Workers Compensation Lump Sum Compensation Permanent Impairment Pain and Suffering Interest on Compensation

Case Brief

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Parties

BORIBO PTY LTD

Appellant/employer

MUNDY

Respondent/worker

Procedural Posture

Appeal / Judgment in Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in awarding 15% of the statutory maximum for permanent back impairment under s66 of the Workers Compensation Act 1987
  2. 2 Whether the compensation awarded for pain and suffering under s67 was excessive

Ratio Decidendi

By majority, the Court held that the trial judge made no legal or factual error in awarding 15% of the statutory maximum for back impairment and in assessing pain and suffering, as both were within discretionary bounds and supported by evidence.

Court Disposition

Appeal dismissed (by majority), except as to interest; interest order varied; otherwise, orders of the Compensation Court affirmed with costs.

Orders

  • Set aside order 0.4 made by Judge Manser and in lieu order that interest be paid on the compensation for past pain and suffering from the date of injury to the date of judgment at half the rate prescribed by the Rules of Court.
  • Otherwise, appeal dismissed with costs.