ATTARDS TRANSPORT SERVICES PTY LTD v APPLEBY [1994] NSWCA 9

ATTARDS TRANSPORT SERVICES PTY LTD v APPLEBY [1994] NSWCA 9

The orders of the trial judge must be set aside and the matter remitted to the Compensation Court because the trial judge decided the case by reference to an incorrect legal rule regarding the application of s40 of the Workers Compensation Act 1987, as clarified by this Court in Ludowici v Cutri.

Parties
Appellant: Attards Transport Services Pty Ltd; Respondent: Appleby
Jurisdiction
Australia
Judgment Date
02 September 1994
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; orders 1 and 3(1) of the Compensation Court set aside and matter remitted to be dealt with according to law.
Legal Topics
Interpretation of S40 of the Workers Compensation Act 1987, Remittal Procedure
Workers Compensation Interpretation of S40 of the Workers Compensation Act 1987 Remittal Procedure

Case Brief

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Parties

Attards Transport Services Pty Ltd

Appellant

Appleby

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 What is the correct method for applying section 40 of the Workers Compensation Act 1987 in assessing an injured worker's entitlement?
  2. 2 Did the trial judge apply the correct legal rule in making the orders?

Ratio Decidendi

The orders of the trial judge must be set aside and the matter remitted to the Compensation Court because the trial judge decided the case by reference to an incorrect legal rule regarding the application of s40 of the Workers Compensation Act 1987, as clarified by this Court in Ludowici v Cutri.

Court Disposition

Appeal allowed in part; orders 1 and 3(1) of the Compensation Court set aside and matter remitted to be dealt with according to law.

Orders

  • Orders 1 and 3(1) of Judge Manser's orders dated 6 August 1991 set aside.
  • Matter remitted to the Compensation Court for redetermination according to law.