GIO GENERAL LTD v BOJKO and ANOR [1996] NSWCA 213

GIO GENERAL LTD v BOJKO and ANOR [1996] NSWCA 213

The appeal is dismissed as the findings of fact by the trial judge regarding the injuries were open on the evidence and issues were litigated; the apportionment of liability for s66 awards was available under s22, and error was not established; s67 compensation and interest is to be borne by the new Act insurer; grounds based on points not argued at trial are not entertained on appeal.

Parties
Appellant: GIO General Ltd; Respondent: Mrs E Bojko; Respondent: GIO Workers Compensation (NSW) Ltd
Jurisdiction
Australia
Judgment Date
20 December 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Apportionment of Liability, Transitional Provisions, Interpretation of Compensation Legislation
Workers Compensation Insurance Law Apportionment of Liability Transitional Provisions Interpretation of Compensation Legislation

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Parties

GIO General Ltd

Appellant

Mrs E Bojko

Respondent

GIO Workers Compensation (NSW) Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding injury to the right arm or shoulder in the 1983 incident
  2. 2 Whether the old Act insurer could be liable for compensation under s66 and s67 of the Workers Compensation Act 1987
  3. 3 Interpretation of transitional provisions including Schedule 6 Pt6 cl6 of the 1987 Act

Ratio Decidendi

The appeal is dismissed as the findings of fact by the trial judge regarding the injuries were open on the evidence and issues were litigated; the apportionment of liability for s66 awards was available under s22, and error was not established; s67 compensation and interest is to be borne by the new Act insurer; grounds based on points not argued at trial are not entertained on appeal.

Court Disposition

appeal dismissed with costs

Orders

  • Draft minutes of the orders in accordance with the court's reasons to be filed with the Court of Appeal Registrar within twenty-eight days
  • Interest on s67 compensation and relevant orders to be borne by GIO Workers Compensation (NSW) Ltd (new Act insurer)