BOURKE v PAN PACIFIC PTY LTD (IN LIQ); BOURKE v LINER SERVICES PTY LTD (IN LIQ); BOURKE v CONAUST (NSW) PTY LTD [1996] NSWCA 58

BOURKE v PAN PACIFIC PTY LTD (IN LIQ); BOURKE v LINER SERVICES PTY LTD (IN LIQ); BOURKE v CONAUST (NSW) PTY LTD [1996] NSWCA 58

It was open to the trial Judge to find a closed period of incapacity and to limit damages accordingly, to reject claims lacking corroboration where credibility was found wanting, and the awards of damages were within discretion. No error demonstrated in approach to credibility, corroboration, or quantum of damages.

Parties
Appellant: Colin George Bourke; First Respondent: Pan Pacific Pty Ltd (In Liquidation); Second Respondent: Liner Services Pty Ltd (In Liquidation); Third Respondent: Conaust (NSW) Pty Ltd
Jurisdiction
Australia
Judgment Date
04 December 1996
Procedural Posture
Appeal / Judgment
Outcome
appeals dismissed with costs
Legal Topics
Negligence, Workplace Injury, Assessment of Damages, Credibility of Witness, Appellate Review of Findings of Fact
Tort Law Negligence Workplace Injury Assessment of Damages Credibility of Witness Appellate Review of Findings of Fact

Case Brief

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Parties

Colin George Bourke

Appellant

Pan Pacific Pty Ltd (In Liquidation)

First Respondent

Liner Services Pty Ltd (In Liquidation)

Second Respondent

Conaust (NSW) Pty Ltd

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial Judge erred in findings of fact as to liability and credibility.
  2. 2 Whether the trial Judge erred in the assessment of damages for injuries in the workplace.
  3. 3 Whether the trial Judge erred in requiring corroboration of the appellant's account for certain claims.

Ratio Decidendi

It was open to the trial Judge to find a closed period of incapacity and to limit damages accordingly, to reject claims lacking corroboration where credibility was found wanting, and the awards of damages were within discretion. No error demonstrated in approach to credibility, corroboration, or quantum of damages.

Court Disposition

appeals dismissed with costs

Orders

  • Appeals dismissed with costs.