FITZGERALD -v- SMORGON STEEL PTY LTD [2004] WASCA 185
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 185 | |
| THE FULL COURT (WA) | |||
| Case No: | FUL:132/2003 | 2 JUNE 2004 | |
| Coram: | MALCOLM CJ MURRAY J MCLURE J | 18/08/04 | |
| 17 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | RUSSAL ERNEST FITZGERALD SMORGON STEEL PTY LTD |
Catchwords: | Workers' compensation Appeal from Compensation Magistrate Compensation Magistrate's decision on appeal from Review Officer Whether Compensation Magistrate erred in law Distinction between error of fact and error of law Nature of requirement to take various factors into account in relation to causation |
Legislation: | Workers' Compensation and Rehabilitation Act 1981 (WA), s 5(5) |
Case References: | Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Friends of Hinchinbrook Society Inc v Minister for the Environment & Ors (1997) 147 ALR 608 Health Department of Western Australia v Prosser [2004] WASCA 83 Mitchell v Canal Rocks Beach Resort [2002] WASCA 331 Re Croser; Ex parte Rutherford (2001) 25 WAR 170 Summit Homes v Lucev (1996) 16 WAR 566 The Queen v Toohey; ex parte Meneling Station Pty Ltd (1982) 158 CLR 327 Charleston v Smith [1999] WASCA 261 Fugen Holdings Pty Ltd v Brassington (1999) NSWCA 107 Kaiser v Burswood Resort (Management) Ltd [1999] WASCA 292 Mitchell v Canal Rocks Beach Resort [2002] WASCA 331 Politis v FCT (1988) 16 ALD 707 Pollock v Wellington (1996) 15 WAR 1 Ramsay v Watson (1961) 108 CLR 642 Solumezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : FITZGERALD -v- SMORGON STEEL PTY LTD [2004] WASCA 185 CORAM : MALCOLM CJ
- MURRAY J
MCLURE J
- Appellant
AND
SMORGON STEEL PTY LTD
Respondent
ON APPEAL FROM:
Jurisdiction : COMPENSATION MAGISTRATE'S COURT
Coram : COMPENSATION MAGISTRATE I G BROWN
File Number : CM 78 of 2002
Catchwords:
Workers' compensation - Appeal from Compensation Magistrate - Compensation Magistrate's decision on appeal from Review Officer - Whether
(Page 2)
Compensation Magistrate erred in law - Distinction between error of fact and error of law - Nature of requirement to take various factors into account in relation to causation
Legislation:
Workers' Compensation and Rehabilitation Act 1981 (WA), s 5(5)
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : Mr B L Nugawela
Respondent : Mr G W Nutt
Solicitors:
Appellant : Alison C Hewson
Respondent : Jarman McKenna
Case(s) referred to in judgment(s):
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Friends of Hinchinbrook Society Inc v Minister for the Environment & Ors (1997) 147 ALR 608
Health Department of Western Australia v Prosser [2004] WASCA 83
Mitchell v Canal Rocks Beach Resort [2002]…
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- Case
- [2004] WASCA 185
- Decision Date
CaseChat Overview and Summary
The court examined the Compensation Magistrate's decision and the evidence presented in the case. The court considered whether the Compensation Magistrate had made an error of law or if the decision was based on an error of fact. The court also examined the requirement to take various factors into account in relation to causation and whether the Compensation Magistrate had adequately considered these factors. After considering the arguments presented by both parties, the court found that the Compensation Magistrate had not erred in law and that the decision was based on a proper consideration of the evidence and applicable law.
Consequently, the court dismissed the appeal brought by Fitzgerald against the Compensation Magistrate's decision. The Compensation Magistrate's decision was upheld, and Fitzgerald's appeal was dismissed. The court found that the Compensation Magistrate had not made an error of law and that the decision was based on a proper consideration of the evidence and applicable law. As such, the Compensation Magistrate's decision was affirmed, and the appeal was dismissed.
Orders
Orders of the court
Appeal dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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