FAI TRADERS INSURANCE CO LTD v FAI WORKERS COMPENSATIONS (NSW) LTD and ORS [1996] NSWCA 178

FAI TRADERS INSURANCE CO LTD v FAI WORKERS COMPENSATIONS (NSW) LTD and ORS [1996] NSWCA 178

The application for adjournment to join the worker as a respondent to the appeal was refused as futile; the appeal was dismissed because it was not properly constituted and had no realistic prospects of the worker being joined at this late stage. The substantive basis of appeal was not raised in the court below and payment to the worker had been made without challenge.

Parties
Appellant: FAI Traders Insurance Co Ltd; Respondent: FAI Workers Compensation (NSW) Ltd; Respondent: QBE; Respondent: J Sharpe
Jurisdiction
Australia
Judgment Date
16 July 1996
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs
Legal Topics
Apportionment of Liability, Lump Sum Award, Joinder of Parties, Appeal Procedure
Workers Compensation Apportionment of Liability Lump Sum Award Joinder of Parties Appeal Procedure

Case Brief

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Parties

FAI Traders Insurance Co Ltd

Appellant

FAI Workers Compensation (NSW) Ltd

Respondent

QBE

Respondent

J Sharpe

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether judge had power under s22 Workers Compensation Act 1987 to apportion liability for compensation in respect of injuries sustained prior to commencement of the Act
  2. 2 Whether the worker and employers should have been joined as parties to the appeal
  3. 3 Whether leave to join worker at late stage was likely to be granted

Ratio Decidendi

The application for adjournment to join the worker as a respondent to the appeal was refused as futile; the appeal was dismissed because it was not properly constituted and had no realistic prospects of the worker being joined at this late stage. The substantive basis of appeal was not raised in the court below and payment to the worker had been made without challenge.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs