PACIFIC FORMWORK PTY LTD v BIGNILL [1992] NSWCA 176

PACIFIC FORMWORK PTY LTD v BIGNILL [1992] NSWCA 176

The trial judge was entitled to rely on the wage schedule filed by the applicant, given procedural acquiescence by the respondent and the informality of the proceedings. There was sufficient evidence to sustain the award, and the judge adequately exposed his reasoning.

Parties
Appellant: Pacific Formwork Pty Ltd; Respondent: Ian Bignill
Jurisdiction
Australia
Judgment Date
05 August 1992
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Partial Incapacity, Quantum of Weekly Compensation, Procedural Informality, Admissibility of Evidence, Exhibits Identification
Workers' Compensation Partial Incapacity Quantum of Weekly Compensation Procedural Informality Admissibility of Evidence Exhibits Identification

Case Brief

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Parties

Pacific Formwork Pty Ltd

Appellant

Ian Bignill

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the award of maximum compensation for partial incapacity was supported by evidence
  2. 2 Whether the trial judge relied on materials not in evidence
  3. 3 Whether the judge adequately exposed his reasons for determination

Ratio Decidendi

The trial judge was entitled to rely on the wage schedule filed by the applicant, given procedural acquiescence by the respondent and the informality of the proceedings. There was sufficient evidence to sustain the award, and the judge adequately exposed his reasoning.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.