LEMINGTON COAL MINES LTD v COLLINS [1997] NSWCA 189

LEMINGTON COAL MINES LTD v COLLINS [1997] NSWCA 189

The trial judge erred by awarding damages for distinct insults or further injuries to the plaintiff's hearing which occurred after the statutory cut-off date (30 June 1987) from continued employment; only consequences of injury caused by the defendant's negligence before the cut-off date and the resulting increased vulnerability are compensable.

Parties
Appellant: Lemington Coal Mines Ltd; Respondent: Collins
Jurisdiction
Australia
Judgment Date
29 August 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Damages Assessment, Industrial Deafness, Workers' Compensation, Vulnerability to Further Injury
Tort Law Personal Injury Damages Assessment Industrial Deafness Workers' Compensation Vulnerability to Further Injury

Case Brief

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Parties

Lemington Coal Mines Ltd

Appellant

Collins

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the trial judge correct to award damages for injuries or aggravation to hearing suffered by the plaintiff after 30 June 1987?
  2. 2 Should damages be assessed only for injuries suffered up to the statutory cut-off date, or also for subsequent injuries and future vulnerability?

Ratio Decidendi

The trial judge erred by awarding damages for distinct insults or further injuries to the plaintiff's hearing which occurred after the statutory cut-off date (30 June 1987) from continued employment; only consequences of injury caused by the defendant's negligence before the cut-off date and the resulting increased vulnerability are compensable.

Court Disposition

appeal allowed

Orders

  • Appeal allowed
  • Judgment of Judge Gallen of 22 May 1996 set aside