LEONE HOLDINGS PTY LIMITED v JW KIRKWOOD PTY LIMITED [1995] NSWCA 259

LEONE HOLDINGS PTY LIMITED v JW KIRKWOOD PTY LIMITED [1995] NSWCA 259

As there was no common liability between Leone and Kirkwood for the same compensation, but rather collective contribution by two injuries to the worker's loss, s 22(1) did not apply and the award for permanent impairment and loss was correctly made solely against Leone Holdings Pty Limited.

Parties
Appellant: Leone Holdings Pty Limited; First Respondent: JW Kirkwood Pty Limited; Worker: John Richard Loewenthal; Solicitor for Second Respondent: Whiteley Ironside and Shillington
Jurisdiction
Australia
Judgment Date
09 June 1995
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Apportionment of Liability, Permanent Impairment Compensation, Transitional Provisions for Compensation
Workers Compensation Personal Injury Apportionment of Liability Permanent Impairment Compensation Transitional Provisions for Compensation

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Parties

Leone Holdings Pty Limited

Appellant

JW Kirkwood Pty Limited

First Respondent

John Richard Loewenthal

Worker

Whiteley Ironside and Shillington

Solicitor for Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether liability to pay compensation for permanent impairment and loss suffered as a result of multiple workplace injuries should be apportioned between two employers under s 22(1) of the Workers Compensation Act 1987

Ratio Decidendi

As there was no common liability between Leone and Kirkwood for the same compensation, but rather collective contribution by two injuries to the worker's loss, s 22(1) did not apply and the award for permanent impairment and loss was correctly made solely against Leone Holdings Pty Limited.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.