ALCAN AUSTRALIA LTD v EKER and ANOR [1998] NSWCA 9

ALCAN AUSTRALIA LTD v EKER and ANOR [1998] NSWCA 9

The Court held that the trial Judge's factual finding on causation, based on acceptance of the worker's and medical evidence, should not be disturbed as there was credible evidence to support it and no error was shown.

Parties
Appellant: ALCAN AUSTRALIA LTD; Respondent: Eker
Jurisdiction
Australia
Judgment Date
24 March 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Causation, Factual Findings, Appeal on Facts
Workers' Compensation Causation Factual Findings Appeal on Facts

Case Brief

Summary, issues, holding and outcome

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Parties

ALCAN AUSTRALIA LTD

Appellant

Eker

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the worker's incapacity at the date of trial was the result of a back injury at work in August 1988
  2. 2 Whether the trial Judge erred in finding a causal nexus between the injury and the incapacity

Ratio Decidendi

The Court held that the trial Judge's factual finding on causation, based on acceptance of the worker's and medical evidence, should not be disturbed as there was credible evidence to support it and no error was shown.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.