MOIR v PENRITH CITY COUNCIL [1998] NSWCA 147

MOIR v PENRITH CITY COUNCIL [1998] NSWCA 147

The trial judge failed to expose the reasoning process under s40 of the Act, making it impossible to segregate critical issues and constituting error of law.

Source-derived case information.

Parties
Appellant: URJ Moir; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
04 May 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Assessment of Compensation, Partial Incapacity, Weekly Payments, Costs
Workers Compensation Assessment of Compensation Partial Incapacity Weekly Payments Costs

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Parties

URJ Moir

Appellant

Penrith City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge adequately disclosed reasoning under s40 of the Act
  2. 2 Whether there was appealable error in the assessment of weekly payment during partial incapacity
  3. 3 Whether costs orders were made in error

Ratio Decidendi

The trial judge failed to expose the reasoning process under s40 of the Act, making it impossible to segregate critical issues and constituting error of law.

Court Disposition

appeal allowed

Orders

  • The award of Egan ACCJ on 28 May 1997 set aside.
  • Matter remitted to the Compensation Court for determination of the appellant's claim in relation to s40 entitlement.