BURNS v LOVETT BUILDING CO PTY LTD [1995] NSWCA 65

BURNS v LOVETT BUILDING CO PTY LTD [1995] NSWCA 65

Although the phrase 'not less than $600 per week' was used, it was a textual slip; the trial judge determined the relevant weekly earnings at $600 per week. The trial judge's approach to different earnings rates for two periods was justified by evidence. There was no demonstrated error in the trial judge's assessments.

Source-derived case information.

Parties
Appellant: Richard David Burns; Respondent: Lovett Building Co Pty Ltd
Jurisdiction
Australia
Judgment Date
20 September 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Assessment of Weekly Payments, Partial Incapacity, Variation of Compensation Entitlements, Determination of Probable Earnings, Post Injury Earning Capacity
Workers Compensation Assessment of Weekly Payments Partial Incapacity Variation of Compensation Entitlements Determination of Probable Earnings Post Injury Earning Capacity

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Richard David Burns

Appellant

Lovett Building Co Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing the weekly amount the worker would have earned but for injury
  2. 2 Whether the trial judge erred in assessing the average weekly amount the worker was capable of earning post-injury
  3. 3 Whether the trial judge erred in determining different earnings rates for separate periods

Ratio Decidendi

Although the phrase 'not less than $600 per week' was used, it was a textual slip; the trial judge determined the relevant weekly earnings at $600 per week. The trial judge's approach to different earnings rates for two periods was justified by evidence. There was no demonstrated error in the trial judge's assessments.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Weekly compensation awards of $120 per week between 11 September 1992 and 31 March 1993, and $100 per week from 1 April 1993 continuing, affirmed.