ADMAX PROCESSING PTY LTD v HUA DONG PAN [1993] NSWCA 1

ADMAX PROCESSING PTY LTD v HUA DONG PAN [1993] NSWCA 1

The judge erred in relying on a wages schedule not tendered in evidence, failing to resolve conflict between schedules, failing to explain preference or use, and not providing adequate reasons as required by law for his calculation of compensation under s40(1) of the Workers Compensation Act 1987; the award must be set aside and the matter remitted for redetermination.

Parties
Appellant: Admax Processing Pty Ltd; Respondent: Hua Dong Pan
Jurisdiction
Australia
Judgment Date
24 March 1993
Procedural Posture
Appeal / Judgment of Court of Appeal
Outcome
appeal allowed
Legal Topics
Partial Incapacity, Calculation of Compensation, Judicial Discretion, Adequacy of Reasons, Use of Untendered Evidence
Workers' Compensation Partial Incapacity Calculation of Compensation Judicial Discretion Adequacy of Reasons Use of Untendered Evidence

Case Brief

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Parties

Admax Processing Pty Ltd

Appellant

Hua Dong Pan

Respondent

Procedural Posture

Appeal / Judgment of Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in relying on untendered wages schedules
  2. 2 Whether there was evidence to sustain calculation of compensation for partial incapacity
  3. 3 Whether the judge properly exercised discretion under s40(1) of the Workers Compensation Act 1987

Ratio Decidendi

The judge erred in relying on a wages schedule not tendered in evidence, failing to resolve conflict between schedules, failing to explain preference or use, and not providing adequate reasons as required by law for his calculation of compensation under s40(1) of the Workers Compensation Act 1987; the award must be set aside and the matter remitted for redetermination.

Court Disposition

appeal allowed

Orders

  • Appeal allowed
  • Set aside the award of Burke CCJ dated 6 April 1990