THE DUBBO BASE HOSPITAL and ANOR v FULLER [1996] NSWCA 160

The trial judge's determination that this was a most extreme case went beyond the proper bounds of discretionary determination and should not stand; the matter must be remitted for re-determination.

Parties: Appellant: Dubbo Base Hospital; Respondent: Fuller
Jurisdiction: Australia
Judgment Date: 28 November 1996
Procedural Posture: Appeal / Judgment
Outcome: Appeal allowed in respect of the s67 award; otherwise dismissed. Award under s67 set aside and remitted for re-assessment. Respondent to pay appellant's costs of appeal subject to certificate under the Suitors Fund Act.
Legal Topics: Assessment of Compensation, Discretionary Judgment, Most Extreme Case Under S67 Workers Compensation Act 1987

Workers' Compensation Assessment of Compensation Discretionary Judgment Most Extreme Case Under S67 Workers Compensation Act 1987

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Parties

Dubbo Base Hospital

Appellant

Fuller

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the worker was 'a most extreme case' within s67 of the Workers Compensation Act 1987
2 Whether the trial judge erred in the exercise of discretion in classifying the case as most extreme and awarding maximum compensation

Ratio Decidendi

The trial judge's determination that this was a most extreme case went beyond the proper bounds of discretionary determination and should not stand; the matter must be remitted for re-determination.

Court Disposition

Appeal allowed in respect of the s67 award; otherwise dismissed. Award under s67 set aside and remitted for re-assessment. Respondent to pay appellant's costs of appeal subject to certificate under the Suitors Fund Act.

Orders

Appeal against the award under s67 allowed
Otherwise appeal dismissed