COB SUPPLY CO PTY LTD v GIBSON [1996] NSWCA 107

COB SUPPLY CO PTY LTD v GIBSON [1996] NSWCA 107

It was open to the trial judge to find that, but for the injury, the respondent would have earned substantial sums playing first grade Rugby League, and that the process of assessment under s11(1) Workers Compensation Act 1926 was properly carried out given the evidence and issues raised, thus no error was...

Source-derived case information.

Parties
Appellant: COB Supply Co Pty Ltd; Respondent: Kerry Gibson
Jurisdiction
Australia
Judgment Date
28 November 1996
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
appeal dismissed
Legal Topics
Assessment of Earning Capacity, Multiple Earnings, Concurrent Employment, Partial Incapacity
Workers' Compensation Assessment of Earning Capacity Multiple Earnings Concurrent Employment Partial Incapacity

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Summary, issues, holding and outcome

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Parties

COB Supply Co Pty Ltd

Appellant

Kerry Gibson

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the trial judge erred in applying s11(1) Workers Compensation Act 1926 by including earnings from Rugby League.
  2. 2 Whether the trial judge followed the required process of assessment under s11(1).
  3. 3 Whether the trial judge was correct in finding a hypothetical capacity to earn about $40,000 per year playing Rugby League.

Ratio Decidendi

It was open to the trial judge to find that, but for the injury, the respondent would have earned substantial sums playing first grade Rugby League, and that the process of assessment under s11(1) Workers Compensation Act 1926 was properly carried out given the evidence and issues raised, thus no error was demonstrated warranting appellate intervention.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.