Matthew Hall Pty Ltd v Smart

Case [2000] NSWCA 284


Reported Decision: [2000] 21 NSWCCR 34

New South Wales


Court of Appeal

CITATION: Matthew Hall Pty Ltd v Smart [2000] NSWCA 284
FILE NUMBER(S): CA 40847/99
HEARING DATE(S): 3 October 2000
JUDGMENT DATE:
23 October 2000

PARTIES :


Matthew Hall Pty Ltd - Appellant
Cameron Smart - Respondent
JUDGMENT OF: Mason P at 1; Powell JA at 2; Giles JA at 3
LOWER COURT JURISDICTION : Compensation Court
LOWER COURT
FILE NUMBER(S) :
CC 17968/97
LOWER COURT
JUDICIAL OFFICER :
Hughes CCJ
COUNSEL: H N Kelly - Appellant
R I Goodridge - Respondent
SOLICITORS: A O Ellison & Co - Appellant
Firths - Respondent
CATCHWORDS: WORKERS COMPENSATION - eye injury - whether condition at trial caused by injury - whether due in part to condition existing before injury - if so what deduction from s 66 compensation pursuant to s 68A Workers Compensation Act - held no pre-existing condition - no deduction - assessment of s 67 compensation at 50% of a most extreme case - whether question of fact or law - held in manner argued was question of fact. D.
LEGISLATION CITED: DEDUCTION PURSUANT TO S 60A:
D'Aleo v Ambulance Service of New South Wales (NSWCA 12 March 1996, unreported);
Government Cleaning Service v Ellul (1996) 13 NSW CCR 344.
QUESTION OF LAW OR FACT:
Attorney-General for the State of New South Wales v X (2000) NSWCA 199;
Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126;
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR139;
Brutus v Cozens (1973) AC 854;
Dell v Dalton (1991) 23 NSWLR 528;
Dennis v Watt (1932) SR (NSW) 32;
Galley v Pasminco Mining Ltd (1993) 9 NSWCCR 288;
Hope v Bathurst City Council (1980) 144 CLR 1.
DECISION: Leave to file amended notice of appeal granted. Appeal allowed in part, order for payment of interest set aside, appeal otherwise dismissed. Appellant to pay respondent's costs of the appeal.



THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
            CA 40847/99
                                CC 17968/97


                                MASON P

POWELL JA
GILES JA

Monday 23 October 2000

MATTHEW HALL PTY LTD v SMART
JUDGMENT

1    MASON P: I agree with Giles JA.

2    POWELL JA: I agree with Giles JA.

3    GILES JA: This is an appeal from an award of compensation under the Workers Compensation Act 1987 (“the Act”). Pursuant to s 32(1) of the Compensation Court Act 1984, it is relevantly limited to an appeal “in point of law”.

        The award

4    On 23 October 1990 Mr Cameron Smart (“the worker”), then an apprentice plumber aged 19 employed by Matthew Hall Pty Ltd (“the employer”), was drilling over his head through metal decking into a concrete slab in order to suspend pipework. Although he was wearing goggles, swarf from the metal went into his right eye. The metal was hot and the eye was painful. First aid was given, and the next day the worker attended Sydney Eye Hospital where the metal was removed from his eye. He…

Continue reading Matthew Hall Pty Ltd v Smart

Sign in free to access the full text

Details
AGLC
Matthew Hall Pty Ltd v Smart [2000] NSWCA 284
Case
[2000] NSWCA 284
Decision Date

CaseChat Overview and Summary

Matthew Hall Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Workers Compensation Commission concerning a claim by Mr. Smart (the respondent) for compensation for an eye injury. The dispute centred on the extent to which Mr. Smart's condition at the time of trial was caused by the work injury, and whether a pre-existing condition warranted a deduction from his compensation entitlement under section 68A of the *Workers Compensation Act 1987* (NSW).

The primary legal issues before the Court of Appeal were whether the Workers Compensation Commission erred in finding that Mr. Smart did not have a pre-existing condition that contributed to his current eye condition, and consequently, whether a deduction under section 68A was appropriate. Additionally, the Court considered whether the Commission's assessment of Mr. Smart's compensation under section 67, at 50% of a "most extreme case," involved a question of fact or law, and if the latter, whether the assessment was correctly made.

The Court of Appeal held that the Commission's finding that there was no pre-existing condition was a finding of fact, and there was no error in that determination. Consequently, no deduction under section 68A was warranted. Regarding the section 67 assessment, the Court found that the manner in which the question of the percentage of a "most extreme case" was argued before the Commission meant it was a question of fact, not law. The Court allowed the appeal in part, setting aside an order for the payment of interest, but otherwise dismissed the appeal.

Orders

Orders of the court

Leave to file amended notice of appeal granted. Appeal allowed in part, order for payment of interest set aside, appeal otherwise dismissed. Appellant to pay respondent's costs of the appeal.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.