IRWIN v COSTAIN AUSTRALIA PTY LTD [1997] NSWCA 162

IRWIN v COSTAIN AUSTRALIA PTY LTD [1997] NSWCA 162

Because the trial judge rejected the expert opinion that linked hearing loss to the jaw injury, and there were no other plausible explanations except for workplace noise, the causation of work-related hearing loss was established on the balance of probabilities. The trial judge erred in not so finding, justifying a new trial.

Parties
Appellant: Irwin; Respondent: Costain Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
21 August 1997
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal upheld. Judgment for respondent set aside. New trial ordered.
Legal Topics
Workplace Injury, Causation, Hearing Loss, Compensation
Tort Employment Law Workplace Injury Causation Hearing Loss Compensation

Case Brief

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Parties

Irwin

Appellant

Costain Australia Pty Ltd

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the appellant's hearing loss was caused by exposure to workplace noise or by a blow to the jaw in January 1987
  2. 2 Whether causation was established on the balance of probabilities

Ratio Decidendi

Because the trial judge rejected the expert opinion that linked hearing loss to the jaw injury, and there were no other plausible explanations except for workplace noise, the causation of work-related hearing loss was established on the balance of probabilities. The trial judge erred in not so finding, justifying a new trial.

Court Disposition

Appeal upheld. Judgment for respondent set aside. New trial ordered.

Orders

  • Appeal is upheld.
  • Judgment for the respondent is set aside.