Bhanji v Richard Keogh trading as Bridge Hotel [2001] NSWCC 39

Bhanji v Richard Keogh trading as Bridge Hotel [2001] NSWCC 39

The applicant's evidence was accepted and the Court was satisfied that she sustained a back injury in the course of employment with the respondent on 3 August 1996. On the medical evidence, she had 15 per cent permanent impairment of the back under s 66, but the evidence did not establish permanent loss of use of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 March 2001
Procedural Posture
Workers Compensation Claim / Ex Tempore Judgment on Quantum
Outcome
Award for the applicant.
Legal Topics
['permanent Impairment of the Back' 'loss of Use of Legs' 'section 66 Compensation' 'section 67 Consequential Claim' 'section 60 Expenses']
['workers Compensation'] ['permanent Impairment of the Back' 'loss of Use of Legs' 'section 66 Compensation' 'section 67 Consequential Claim' 'section 60 Expenses']

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Procedural Posture

Workers Compensation Claim / Ex Tempore Judgment on Quantum

Legal Issues

  1. 1 ['Whether the applicant sustained a permanent impairment of the back as a result of injury in the course of employment on 3 August 1996.' 'Whether the applicant sustained permanent loss of use of either leg at or above the knee as a result of the back injury.' 'The quantum of compensation payable.']

Ratio Decidendi

The applicant's evidence was accepted and the Court was satisfied that she sustained a back injury in the course of employment with the respondent on 3 August 1996. On the medical evidence, she had 15 per cent permanent impairment of the back under s 66, but the evidence did not establish permanent loss of use of either leg at or above the knee as a result of the injury.

Court Disposition

Award for the applicant.

Orders

  • ['Award for the applicant in the sum of $9,000 in respect of 15 per cent permanent impairment of the back pursuant to s 66.' 'Costs Pt 29.' 'S 60 expenses.' 'Second conference $200.']