HIH Workers Comp v Iacullo & Ors [2000] NSWCA 279

HIH Workers Comp v Iacullo & Ors [2000] NSWCA 279

The apportionment orders had to be set aside because they did not reflect the findings expressed in the reasons, findings were not made on every matter that needed to be considered, and the reasons were internally inconsistent, making it impossible to ascertain the basis upon which the trial judge made the apportionment orders. The remitter was confined to apportionment between insurers and did not disturb the worker's awards.

Jurisdiction
Australia
Judgment Date
10 October 2000
Procedural Posture
Appeal From a Determination of a Judge of the Compensation Court of New South Wales Raising a Question of Law Under S 32 of the Compensation Court Act, 1984 / Court of Appeal Judgment on Appeal and Cross Appeal
Outcome
Appeal upheld; paragraph 2 of the orders and awards made on 17 February 2000 set aside; proceedings remitted to Judge Curtis to reconsider the application under s 22; cross appeal dismissed; appellant to pay the first respondent's costs, otherwise no order as to costs.
Legal Topics
['apportionment of Workers Compensation Awards Between Insurers' 'permanent Impairment Compensation' 'weekly Payments for Total Incapacity' 'adequacy and Consistency of Reasons' 'leave to Appeal' 'costs']
['workers Compensation' 'insurance' 'appellate Procedure'] ['apportionment of Workers Compensation Awards Between Insurers' 'permanent Impairment Compensation' 'weekly Payments for Total Incapacity' 'adequacy and Consistency of Reasons' 'leave to Appeal' 'costs']

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Procedural Posture

Appeal From a Determination of a Judge of the Compensation Court of New South Wales Raising a Question of Law Under S 32 of the Compensation Court Act, 1984 / Court of Appeal Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 ["Whether the Compensation Court's apportionment of awards between insurers was erroneous." "Whether the trial judge's findings and orders were internally inconsistent." 'Whether the trial judge failed to make sufficient findings or give sufficient reasons for the apportionment orders.' 'Whether leave to appeal was required because the matter did not involve a claim for or question relating to an amount of $20,000 or more.']

Ratio Decidendi

The apportionment orders had to be set aside because they did not reflect the findings expressed in the reasons, findings were not made on every matter that needed to be considered, and the reasons were internally inconsistent, making it impossible to ascertain the basis upon which the trial judge made the apportionment orders. The remitter was confined to apportionment between insurers and did not disturb the worker's awards.

Court Disposition

Appeal upheld; paragraph 2 of the orders and awards made on 17 February 2000 set aside; proceedings remitted to Judge Curtis to reconsider the application under s 22; cross appeal dismissed; appellant to pay the first respondent's costs, otherwise no order as to costs.

Orders

  • ['In the appeal, appeal upheld.' 'Set aside paragraph 2 of the orders and awards made on 17 February 2000 (RAB 34).' 'Remit the proceedings to Judge Curtis to reconsider the application under s 22 in accordance with the reasons of this Court.' 'Dismiss the cross appeal.' 'Order the appellant to pay the costs of the...