Graham Edwards v David Brown Gear Industries [2001] NSWCA 83
Judge Davidson's conclusion that there was no evidence to support a finding that the appellant suffered a left arm injury resulting in incapacity or permanent loss of efficient use was an unambiguous finding of fact, and no appeal lay to the Court of Appeal from such a finding.
- Jurisdiction
- Australia
- Judgment Date
- 03 April 2001
- Procedural Posture
- Workers Compensation Appeal / Appeal to the New South Wales Court of Appeal From the Compensation Court
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ['left Hand or Left Arm Injury' 'weekly Payments' 'finding of Fact' 'no Appeal From Finding of Fact']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Workers Compensation Appeal / Appeal to the New South Wales Court of Appeal From the Compensation Court
Legal Issues
- 1 ["Whether the appellant could appeal to the Court of Appeal from Judge Davidson's factual finding that there was no evidence supporting an injury to the left arm causing incapacity or permanent loss of efficient use." "Whether the appellant's claim for weekly payments in respect of his left arm injury could proceed after the Compensation Court's adverse factual finding."]
Ratio Decidendi
Judge Davidson's conclusion that there was no evidence to support a finding that the appellant suffered a left arm injury resulting in incapacity or permanent loss of efficient use was an unambiguous finding of fact, and no appeal lay to the Court of Appeal from such a finding.
Court Disposition
Appeal dismissed with costs.
Orders
- ['The appeal is dismissed with costs.']
Full Case Text
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