Whitehaven Coal Mining Ltd v Pain

Whitehaven Coal Mining Ltd appealed to the Court of Appeal of New South Wales against a decision of the primary judge who had awarded weekly compensation for partial incapacity to Mr Pain, an employee who had worked in a coal mine. The dispute concerned the calculation of the amount of weekly compensation payable.

The central legal issue before the Court of Appeal was whether the primary judge had erred in law by awarding weekly compensation for partial incapacity in the full amount of the difference between the probable weekly earnings of Mr Pain but for his injury and his actual average weekly earnings post-injury. The appeal was specifically limited to a point of law, with the exercise of discretion regarding the proper difference not being in dispute at the trial.

The Court of Appeal dismissed the appeal. The judges found no error of law in the primary judge's determination. The appeal was dismissed with costs.