ALCAN AUSTRALIA LTD v PHILLIPS [1997] NSWCA 12

ALCAN AUSTRALIA LTD v PHILLIPS [1997] NSWCA 12

The findings of total incapacity and the award calculations by the trial judge were erroneous and unsupported by evidence, and the matter should be remitted for re-hearing with consideration of s60 expenses.

Parties
Appellant: Alcan Australia Ltd; Respondent: B.D. Phillips
Jurisdiction
Australia
Judgment Date
01 May 1997
Procedural Posture
Appeal / Judgment
Outcome
Appeal and cross-appeal allowed. Award set aside. Matter remitted for re-hearing.
Legal Topics
Total Incapacity, Lack of Evidence, Error in Calculation of Awards
Workers Compensation Total Incapacity Lack of Evidence Error in Calculation of Awards

Case Brief

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Parties

Alcan Australia Ltd

Appellant

B.D. Phillips

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the finding of total incapacity from 24 December 1994 to 10 July 1995 was supported by evidence
  2. 2 Whether the calculation of amounts entered was erroneous and unsubstantiated
  3. 3 Entitlement to s60 expenses

Ratio Decidendi

The findings of total incapacity and the award calculations by the trial judge were erroneous and unsupported by evidence, and the matter should be remitted for re-hearing with consideration of s60 expenses.

Court Disposition

Appeal and cross-appeal allowed. Award set aside. Matter remitted for re-hearing.

Orders

  • Both the appeal and cross-appeal be allowed.
  • The award made by his Honour be set aside.