KAYSU HOLDINGS (No 2) PTY LTD v DAVIS and ORS [1996] NSWCA 295
The appeal is upheld and the proceedings remitted to the Compensation Court for apportionment of liability according to law, following reasoning in Council of Sutherland Shire v Baltica General Insurance Co Ltd regarding workers compensation and apportionment.
- Parties
- Appellant: Kaysu Holdings (No 2) Pty Ltd; First Respondent: Davis; Second Respondent: Second Respondent; Third Respondent: Third Respondent; Fourth Respondent: Fourth Respondent
- Jurisdiction
- Australia
- Judgment Date
- 28 March 1996
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal upheld; proceedings remitted
- Legal Topics
- Apportionment of Liability, Incapacity Resulting From More Than One Injury, Causation in Workers Compensation Cases
Case Brief
Summary, issues, holding and outcome
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Parties
Kaysu Holdings (No 2) Pty Ltd
Appellant
Davis
First Respondent
Second Respondent
Second Respondent
Third Respondent
Third Respondent
Fourth Respondent
Fourth Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 How liability should be apportioned under s22 of the Workers Compensation Act 1987 when incapacity results from more than one injury
- 2 Causation in workers compensation cases
Ratio Decidendi
The appeal is upheld and the proceedings remitted to the Compensation Court for apportionment of liability according to law, following reasoning in Council of Sutherland Shire v Baltica General Insurance Co Ltd regarding workers compensation and apportionment.
Court Disposition
appeal upheld; proceedings remitted
Orders
- First respondent be dismissed from the appeal
- Appellant to pay the first respondent's costs of this appeal
Full Case Text
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