Dalgety Farmers Ltd t/a Grazcos v Bruce and Anor

(1995) 12 NSWCCR 36
BC9505124

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Dalgety Farmers Ltd t/a Grazcos
v Bruce and Anor - BC9505124; CA 40620 of 1994

Court:

Judges: Kirby ACJ
Clarke JA
Cole JA

Hearing date: 21 July 1995
Judgment date: 3 August 1995

New South Wales

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Order

1. Appeal allowed;

2. Set aside the award of the Compensation Court (his Honour Judge Manser) whereby that Court ordered that Dalgety Farmers Ltd, trading as Grazcos, should pay weekly compensation, lump sum compensation under s66 and s67, interest, s60 expenses and costs against Dalgety Farmers Ltd, trading as Grazcos, to Steven Edward Bruce;

3. In lieu thereof order that there be substituted in the award for "first respondent" wherever appearing, "second respondent" being John Ferris Kirkpatrick and Margaret Ferris Kirkpatrick, trading as Cleveland Pastoral Co;

4. In lieu of the provision in the award, order that the application for determination against Dalgety Farmers Ltd, trading as Grazcos, be dismissed;

5. Order that Cleveland Pastoral Co pay the worker's costs in the Compensation Court;

6. Order that the second respondent in the Court of Appeal pay the costs of the appellant, and of the first respondent of the appeal but have, in respect thereof, if otherwise so qualified, a certificate under the Suitors Fund Act 1951.

7. Reserve liberty to apply to the Compensation Court for any further consequential orders.