GREGORY R BALL PTY LTD v STEAD [1993] NSWCA 123

GREGORY R BALL PTY LTD v STEAD [1993] NSWCA 123

The trial judge's findings of fact were supported by evidence and not affected by any material error or miscarriage. There was no error of law in not expressly referring to the discretion under s40(1), since the exercise of such discretion was not raised as an issue before the trial judge. The appellant may not raise on appeal matters which were effectively conceded or not contested at trial. The appeal was dismissed and leave to amend the notice of appeal on the s40(1) issue was revoked.

Parties
Appellant: Gregory R Ball Pty Ltd; Respondent: Stead
Jurisdiction
Australia
Judgment Date
11 March 1993
Procedural Posture
Appeal / Judgment in Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Exercise of Discretion by Trial Judge, Obligation to Give Reasons, Partial Incapacity Awards, Review of Findings of Fact
Workers Compensation Judicial Review Exercise of Discretion by Trial Judge Obligation to Give Reasons Partial Incapacity Awards Review of Findings of Fact

Case Brief

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Parties

Gregory R Ball Pty Ltd

Appellant

Stead

Respondent

Procedural Posture

Appeal / Judgment in Court of Appeal

Legal Issues

  1. 1 Whether the trial judge failed to exercise the discretion under s40(1) of the Workers Compensation Act
  2. 2 Whether the trial judge's failure to provide reasons for the exercise of discretion was an error of law
  3. 3 Whether the findings of fact by the trial judge should be overturned for error

Ratio Decidendi

The trial judge's findings of fact were supported by evidence and not affected by any material error or miscarriage. There was no error of law in not expressly referring to the discretion under s40(1), since the exercise of such discretion was not raised as an issue before the trial judge. The appellant may not raise on appeal matters which were effectively conceded or not contested at trial. The appeal was dismissed and leave to amend the notice of appeal on the s40(1) issue was revoked.

Court Disposition

Appeal dismissed

Orders

  • Leave to amend notice of appeal revoked.
  • Appeal dismissed with costs.