VEKIC v GRID UP CEILINGS PTY LIMITED [1995] NSWCA 484

VEKIC v GRID UP CEILINGS PTY LIMITED [1995] NSWCA 484

No correctable error of fact or law is shown; the trial judge's assessment of partial incapacity and application of relevant statutory provisions was open to her; the applicant was not denied procedural fairness; and findings of credit and incapacity are adequately reasoned.

Source-derived case information.

Parties
Applicant: Drago Vekic; Respondent: Grid Up Ceilings Pty Limited
Jurisdiction
Australia
Judgment Date
08 September 1995
Procedural Posture
Workers' Compensation Appeal / Appeal (court of Appeal)
Outcome
Appeal dismissed with costs.
Legal Topics
Partial Incapacity Determination, Conflicting Medical Evidence, Use of Interpreter in Proceedings, Award of Compensation
Workers' Compensation Practice & Procedure Partial Incapacity Determination Conflicting Medical Evidence Use of Interpreter in Proceedings Award of Compensation

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Parties

Drago Vekic

Applicant

Grid Up Ceilings Pty Limited

Respondent

Procedural Posture

Workers' Compensation Appeal / Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of partial incapacity and award of compensation
  2. 2 Whether the applicant was denied procedural fairness
  3. 3 Adequacy of trial judge's reasons

Ratio Decidendi

No correctable error of fact or law is shown; the trial judge's assessment of partial incapacity and application of relevant statutory provisions was open to her; the applicant was not denied procedural fairness; and findings of credit and incapacity are adequately reasoned.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Applicant to pay the costs of the appeal.