TRANSFIELD v MASTROIANNI [1998] NSWCA 235

TRANSFIELD v MASTROIANNI [1998] NSWCA 235

Leave to appeal granted only on the issue whether the judge was obliged to make an assessment of workers compensation entitlements when assessing damages.

Parties
Applicant: Transfield; Respondent: Mastroianni
Jurisdiction
Australia
Judgment Date
23 February 1998
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Determination
Outcome
Leave to appeal granted limited to issue concerning assessment of workers compensation entitlements; otherwise refused.
Legal Topics
Extension of Time, Criteria for Granting Leave to Appeal, Assessment of Workers Compensation Entitlements
Civil Procedure Extension of Time Criteria for Granting Leave to Appeal Assessment of Workers Compensation Entitlements

Case Brief

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Parties

Transfield

Applicant

Mastroianni

Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Determination

Legal Issues

  1. 1 Whether Judge Christie misapplied principles from Drayton Coal Mines v Drane in granting extension of time
  2. 2 Whether Judge Newton erred in not assessing workers compensation entitlements when determining damages

Ratio Decidendi

Leave to appeal granted only on the issue whether the judge was obliged to make an assessment of workers compensation entitlements when assessing damages.

Court Disposition

Leave to appeal granted limited to issue concerning assessment of workers compensation entitlements; otherwise refused.

Orders

  • Leave to appeal granted only on ground in para 14(b) regarding assessment of workers compensation entitlements.
  • Claimant/applicant to submit to such costs order as the court deems appropriate, even if successful on the one appeal point.