STEGGLES PTY LTD v SORCEVSKI [1994] NSWCA 300

STEGGLES PTY LTD v SORCEVSKI [1994] NSWCA 300

The Court of Appeal cannot review findings of fact or re-consider the trial judge's factual acceptance of the respondent’s evidence that there was no informed consent to settle her back injury as part of the award when the right of appeal is limited to questions of law. Since no question of law was raised and the grounds were aimed at findings of fact, the appeal must be dismissed.

Parties
Appellant: Steggles Pty Ltd; Respondent: Sorcevski
Jurisdiction
Australia
Judgment Date
29 July 1994
Procedural Posture
Appeal / Judgment on Appeal From Compensation Court to Supreme Court of NSW Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Consent Awards, Revocation and Rescission of Awards, Mistake, Jurisdiction of Court of Appeal, Appeal Limited to Questions of Law
Workers' Compensation Civil Procedure Consent Awards Revocation and Rescission of Awards Mistake Jurisdiction of Court of Appeal Appeal Limited to Questions of Law

Case Brief

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Parties

Steggles Pty Ltd

Appellant

Sorcevski

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Compensation Court to Supreme Court of NSW Court of Appeal

Legal Issues

  1. 1 Whether the Compensation Court had jurisdiction to rescind a consent award due to absence of genuine consent regarding inclusion of back injury in redemption.
  2. 2 Whether an appeal to the Court of Appeal is limited to questions of law under the relevant legislation for proceedings commenced before October 1989.
  3. 3 Whether findings of fact by the trial judge concerning the respondent's consent can be disturbed in the appeal.

Ratio Decidendi

The Court of Appeal cannot review findings of fact or re-consider the trial judge's factual acceptance of the respondent’s evidence that there was no informed consent to settle her back injury as part of the award when the right of appeal is limited to questions of law. Since no question of law was raised and the grounds were aimed at findings of fact, the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Leave to file the Amended Notice of Appeal and Further Amended Notice of Appeal refused.
  • Appeal dismissed with costs.