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"Going to the facts of the present case, the applicant's evidence
of an offer to work and the refusal of that offer, having been
accepted, would, we should have thought, have justified an inference
that the applicant was ready, willing and able to perform appropriate
light work offered to him However, the Commission was not bound
to draw that inference as a matter of law Likewise, the evidence
of the applicant as to the work which he was willing to do was
evidence, which if accepted by the Commission, would have justified
or supported the relevant finding, but the Commission was not bound,
as a matter of law, to accept that evidence In declining to draw
the inference, and in not accepting the applicant's evidence, the
Commission may have been wrong in fact, but even if its rejection
was so wrong as to be perverse, that rejection would not have constituted
an error of law "
1979 2 NSWLR 426E
New South Wales Law Reports
Australia - New South Wales
Cases Referring to this Case
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