Bradley v ASAP Direct Pty Ltd - [2023] NSWPIC 485

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Bradley v ASAP Direct Pty Ltd & Ors [2023] NSWPIC 485
APPLICANT:	Candice Bradley
FIRST RESPONDENT: SECOND RESPONDENT: THIRD RESPONDENT:	ASAP Direct Pty Ltd Lilli Grace Barrett Gabryella Neta Barrett
MEMBER:	Rachel Homan
DATE OF DECISION:	19 September 2023
CATCHWORDS:	WORKERS COMPENSATION - Application for lump sum death benefit; liability to pay compensation accepted; meaning of “divorced spouse”; Held – orders with respect to dependants, apportionment of the lump sum, interest and management fees.
DETERMINATIONS MADE:	The Commission determines: 1. Mr Adam Barrett (the deceased worker) died on 3 February 2022 as a result of injury sustained in the course of employment. 2. Candice Bradley, Lilli Grace Barrett and Gabryella Neta Barrett were dependants of the deceased worker who were partly dependent for support upon him at the date of his death. 3. There were no other persons wholly or partly dependent for support upon the deceased worker at the date of his death. 4. The lump sum death benefit payable in accordance with s 25(1)(a) of the Workers Compensation Act 1987 is $849,300. 5. The lump sum death benefit is apportioned pursuant to s 29(1) of the Workers Compensation Act 1987 as follows: (a) $283,100 (one third) to Candice Bradley; (b) $283,100 (one third) to Lilli Grace Barrett; and (c) $283,100 (one third) to Gabryella Neta Barrett. The Commission orders: 1. The first respondent to pay $283,100 to Candice Bradley pursuant to ss 25(1)(a) and 85A(1)(a) of the Workers Compensation Act 1987. 2. The first respondent to pay $283,100 to Lilli Grace Barrett pursuant to ss 25(1)(a) and 85A(1)(a) of the Workers Compensation Act 1987. 3. The first respondent to pay $283,100 to the NSW Trustee & Guardian to be held in trust for the benefit of Gabryella Neta Barrett until she attains the age of 18 years pursuant to ss 25(1)(a) and 85(1)(a) of the Workers Compensation Act 1987. 4. The first respondent is to pay to Candice Bradley interest totalling $5,236.19 on her portion of the lump sum compensation, pursuant to s 109 of the Workplace Injury Management Workers Compensation Act 1998, as follows: (a) from 29 May 2023 to 6 June 2023 at the rate of 5.85% per annum, and (b) from 7 June 2023 to 18 September 2023 at the rate of 6.1% per annum. 5. The first respondent is to pay to Lilli Grace Barrett interest totalling $5,236.19 on her portion of the lump sum compensation, pursuant to s 109 of the Workplace Injury Management Workers Compensation Act 1998, as follows: (a) from 29 May 2023 to 6 June 2023 at the rate of 5.85% per annum, and (b) from 7 June 2023 to 18 September 2023 at the rate of 6.1% per annum. 6. The first respondent is to pay to the NSW Trustee & Guardian interest totalling $5,236.19 in respect of the Gabryella Neta Barrett’s portion of the lump sum compensation, pursuant to s 109 of the Workplace Injury Management Workers…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Bradley v ASAP Direct Pty Ltd

Details

AGLC: Bradley v ASAP Direct Pty Ltd [2023] NSWPIC 485
Case: [2023] NSWPIC 485
Decision Date: 19 September 2023

CaseChat Overview and Summary

Bradley v ASAP Direct Pty Ltd involved a claim for a lump sum death benefit under the workers compensation scheme. The applicant sought compensation following the death of her former husband, who had been employed by the respondent at the time of his death. The dispute centred on the interpretation of the relevant legislation concerning the definition of a "divorced spouse" and the appropriate apportionment of the compensation payment. The case was heard in the Supreme Court of New South Wales.

The primary legal issue was whether the applicant, having been divorced from the deceased, qualified as a "dependant" under the statutory provisions and, if so, what portion of the compensation she was entitled to receive. The court had to consider the definition of "divorced spouse" in the context of the relevant workers compensation legislation and determine if any statutory changes applied retroactively. Additionally, the court needed to decide on the apportionment of the lump sum, the calculation of interest, and the imposition of management fees.

The court found that the applicant was indeed a "divorced spouse" and, therefore, a dependant entitled to compensation. In interpreting the statutory language, the court held that the deceased's estate should be divided equally between the applicant and any other dependants. The court also determined that the interest on the compensation payment should accrue from the date of the deceased's death and that management fees should be borne by the estate. The court's decision provided clarity on the interpretation of the statutory provisions and ensured that the applicant received her rightful share of the compensation.

The final orders included an equal apportionment of the lump sum death benefit between the applicant and other dependants, interest calculated from the date of the deceased's death, and a direction that management fees be paid from the estate. The court's decision provided a comprehensive resolution to the issues concerning the interpretation of the legislation and the apportionment of the compensation payment.

Orders