KBH CONSTRUCTIONS Pty Ltd (IN LIQUIDATION) v CORREIA [1993] NSWCA 151

KBH CONSTRUCTIONS Pty Ltd (IN LIQUIDATION) v CORREIA [1993] NSWCA 151

Subject to the limitation that the total award under s66(2) not exceed the statutory maximum at the date of injury, Judge Manser's reasoning and orders were consistent with proper statutory construction; assessment of losses and pain/suffering justified on evidence; MBP v Gogic does not apply to s67 interest awards.

Parties
Appellant: KBH CONSTRUCTIONS Pty Ltd (IN LIQUIDATION); Respondent: Correia
Jurisdiction
Australia
Judgment Date
23 March 1993
Procedural Posture
Workers Compensation Appeal / Appeal Decision
Outcome
appeal dismissed, subject to limitation on s66(2) award
Legal Topics
Assessment of Permanent Impairment, Compensation for Pain and Suffering, Interest on Compensation, Interpretation of Statutory Maximums
Workers Compensation Assessment of Permanent Impairment Compensation for Pain and Suffering Interest on Compensation Interpretation of Statutory Maximums

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Parties

KBH CONSTRUCTIONS Pty Ltd (IN LIQUIDATION)

Appellant

Correia

Respondent

Procedural Posture

Workers Compensation Appeal / Appeal Decision

Legal Issues

  1. 1 Proper application of s66(1) Workers Compensation Act 1987
  2. 2 Assessment of losses and use of Table of Compensation for Permanent Injuries under s73
  3. 3 Construction of s66(2) and calculation of statutory maximum

Ratio Decidendi

Subject to the limitation that the total award under s66(2) not exceed the statutory maximum at the date of injury, Judge Manser's reasoning and orders were consistent with proper statutory construction; assessment of losses and pain/suffering justified on evidence; MBP v Gogic does not apply to s67 interest awards.

Court Disposition

appeal dismissed, subject to limitation on s66(2) award

Orders

  • Award under s66(2) limited to $85,200
  • Appellant to pay costs