Carlton and United Breweries and Anor v Hegedis

[2002] VSCA 61

SUPREME COURT OF VICTORIA

COURT OF APPEAL

No. 7504 of 1999

CARLTON AND UNITED BREWERIES & ANOR.	Appellants/Defendants
v.
MARIO HEGEDIS	Respondent/Plaintiff

---

JUDGES:	WINNEKE, P., CALLAWAY and VINCENT, JJ.A.
WHERE HELD:	MELBOURNE
DATE OF HEARING:	9 May 2002
DATE OF JUDGMENT:	9 May 2002
MEDIUM NEUTRAL CITATION	[2002] VSCA 61

---

Accident Compensation – Whether employment must be a significant contributing factor to injury in the primary sense arising in the course of a worker’s employment.

---

APPEARANCES:	Counsel	Solicitors
For the Appellants/Defendants	Mr R.P. Gorton QC with Mr J.L. Parish and Mr P.H. Solomon	Mills Oakley
For the Respondent/Plaintiff	Mr M. O'Loghlen Qc with Mr P. Wischusen	Slater & Gordon

WINNEKE, P. (Delivering the judgment of the Court.):

1  The Court is of the view that the conclusion of  Mr Justice Ashley reached concerning what his Honour called "the first main question" was correct and for the reasons which he gave.

2  We refer to Hegedis v. Carlton & United Breweries and HIH Winterthur Workers Compensation (Vic) Limited [2000] VSC 380 at paras. 1 through to 69 inclusive. We respectfully adopt the reasons and we would accordingly dismiss this appeal.

3  The formal order of the Court is that the appeal be dismissed with costs.

---