Zhang v Andrew Pine Furniture Pty Ltd

[2004] NSWCA 250

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Assessment of damages
3. › Adequacy of reasons
4. › Non-economic loss
5. › Failure to address significant factual dispute
6. › Whether trial judge's reasons adequate to explain severity assessment
7. › Workers Compensation Act 1987 (NSW), ss 151G, 151H
1. Practice and Procedure
2. › Judgments and orders
3. › Adequacy of reasons
4. › Obligation to set out material findings of fact
5. › Significant factual dispute requiring resolution
6. › Whether inadequate reasons necessitate new trial or whether appellate court can determine matter on materials

Quick Take

A trial judge assessing non-economic loss under s 151G of the Workers Compensation Act 1987 (NSW) must address significant factual disputes in the reasons, including conflicting medical evidence on psychiatric injury, so that it can be seen why the judge reached the severity assessment expressed. Failure to do so will result in a new trial where the appellate court cannot determine the matter on the trial materials.