MONIER PGH LTD v KNEVETT [1995] NSWCA 299

MONIER PGH LTD v KNEVETT [1995] NSWCA 299

The trial judge's decisions regarding credibility and quantum of compensation fell within his discretion and were supported by evidence. The findings on liability and quantum were free of error, and the orders made should stand.

Parties
Appellant: Monier PGH Ltd; Respondent: Knevett
Jurisdiction
Australia
Judgment Date
21 September 1995
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Credibility, Onus of Proof, Quantum Assessment
Workers Compensation Credibility Onus of Proof Quantum Assessment

Case Brief

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Parties

Monier PGH Ltd

Appellant

Knevett

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the trial judge erred in believing the worker's account of injury
  2. 2 Whether the trial judge misapplied the onus of proof
  3. 3 Whether there was an error in the calculation of quantum for loss of earning capacity

Ratio Decidendi

The trial judge's decisions regarding credibility and quantum of compensation fell within his discretion and were supported by evidence. The findings on liability and quantum were free of error, and the orders made should stand.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.