GRIFFITHS v ALCATEL AUSTRALIA LIMITED [1999] NSWCA 206

GRIFFITHS v ALCATEL AUSTRALIA LIMITED [1999] NSWCA 206

The appeal was dismissed because no error in point of law was shown. The primary judge's finding that alcohol contributed to the injury was a factual finding not open to challenge, there was no evidence that the worker's alcohol consumption was not voluntary, the worker bore the onus of establishing the concluding exceptions in s 10(1B), and the voluntariness point had not been raised at trial.

Jurisdiction
Australia
Judgment Date
04 June 1999
Procedural Posture
Appeal From Award of Compensation Court Judge / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['journey Claims' 'alcohol and Worker Fault' 'appeal Limited to Point of Law' 'voluntariness of Alcohol Consumption']
['workers Compensation' 'employment Law'] ['journey Claims' 'alcohol and Worker Fault' 'appeal Limited to Point of Law' 'voluntariness of Alcohol Consumption']

Case Brief

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Procedural Posture

Appeal From Award of Compensation Court Judge / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the Compensation Court Judge made an error in point of law in applying ss 10(1B) and 10(1C) of the Workers Compensation Act 1987.' 'Whether alcohol consumed by the worker contributed to the injury or was not consumed or taken voluntarily.' 'Whether a voluntariness argument could be raised on appeal when it was not taken at trial.']

Ratio Decidendi

The appeal was dismissed because no error in point of law was shown. The primary judge's finding that alcohol contributed to the injury was a factual finding not open to challenge, there was no evidence that the worker's alcohol consumption was not voluntary, the worker bore the onus of establishing the concluding exceptions in s 10(1B), and the voluntariness point had not been raised at trial.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']