Falcon Manpower Solution Pty Ltd v Tahir

[2025] NSWPIC 296

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Falcon Manpower Solution Pty Ltd v Tahir [2025] NSWPIC 296

APPLICANT:

Falcon Manpower Solution Pty Ltd

RESPONDENT:

Tahir

MEMBER:

Glenn Chapel

DATE OF DECISION:

25 June 2025

CATCHWORDS:

Workers Compensation Act 1987; death claim; determination of dependency and payment of death benefit and interest; Held – no dependants; order for payment of the death benefit and interest to the estate of the deceased.

DETERMINATIONS MADE:

The Commission determines:

1.     The deceased worker, Faraz Ahmad Tahir, died on 13 April 2024 as a result of injuries sustained during the course of his employment with the respondent.

2.     There were no persons wholly or partly dependent for support upon the deceased at the date of her death.

The Commission orders:

3.     The name of the respondent is amended to Muzafar Ahmad Tahir as Administrator of the Estate of the Late Faraz Ahmad Tahir.

4. The applicant to pay Muzafar Ahmad Tahir as Administrator of the Estate of the Late Faraz Ahmad Tahir $929,200 pursuant to ss 25(1)(a) and 85A(1)(a), the Workers Compensation Act 1987 and $48,049.29 in respect of interest pursuant to s109 of the Workplace Injury Management and Workers Compensation Act 1998.

STATEMENT OF REASONS

BACKGROUND

1. The deceased worker, Faraz Ahmad Tahir, died on 13 April 2024 as a result of injuries sustained during the course of his employment with Falcon Manpower Ltd (the applicant).

2. The deceased’s brother, Muzafar Ahmad Tahir as Administrator of the Estate of the Late Faraz Ahmad Tahir is named as the respondent in this matter.

3. On 12 June 2024, the respondent’s solicitor served a notice of claim on the insurer in respect of the death benefit. The solicitor advised that the deceased had five siblings, but he did not have any dependants.

4. Liability was accepted by AAI Ltd t/as GIO (the insurer) pursuant to ss 25(a) and 26 of the Workers Compensation Act1987 (the 1987 Act) on 26 June 2024, subject to a determination of potential dependants.

5. The insurer’s solicitor requested copies of relevant documents and particulars of potential dependants. A response was provided by the respondent’s solicitor on 27 June 2024.

6. The respondent’s solicitor provided copies of statutory declarations from the deceased’s siblings on 26 August 2024.

7. The applicant filed an Application in Respect of Death of Worker (the Application) in the Personal Injury Commission (the Commission) on 4 June 2025, seeking payment of the lump sum death benefit of $929,200 in accordance with s 25(1)(a) of the 1987 Act together with an order authorising payment of the lump sum to the respondent pursuant to s 85A(1)(a) of the 1987 Act.

ISSUES FOR DETERMINATION

1. The parties agree that the following issues remain in dispute:

   (a)    whether there were any persons wholly or partially dependent on the deceased –
   s 25 of the 1987 Act, and

   (b) orders in relation to payment of the compensation and interest – s 85A(1)(a) of the 1987 Act and s 109 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act).

PROCEDURE BEFORE THE COMMISSION

1. I am satisfied that the parties to the dispute understand the nature of the application and the legal implications of any assertion made in the information supplied. The parties were advised that I intended to determine the dispute without holding a preliminary conference or arbitration hearing.

EVIDENCE

Documentary evidence

1. The following documents were in evidence before the Commission and taken into account in making this determination:

   (a)    the Application, and

   (b)    Reply.

REVIEW OF EVIDENCE

Statutory Declarations

1. Mustafa Ahmad Tahir provided a statutory declaration on 29 July 2024. He advised that the deceased resided in Sydney, was not in a relationship and had no financial dependants. He stated that he was not dependent on the deceased at the time of his death. It had been agreed that he would act as the legal personal representative or executor of the estate.

2. Similar statutory declarations were provided by the deceased’s brothers, Sheraz Ahmad and Mudasar Bashir, and by the deceased’s sisters, Farzana Bashir and Durdana Khalid. They all confirmed that they were not dependent and that the deceased had no dependants.

Documents

1. The death certificate attached to the Application confirms that the deceased died on
   13 April 2024 as a result of a stab wound to his abdomen.

2. Death certificates attached to the Reply confirm that both of the deceased’s parents are also deceased.

3. Letters of Administration were granted to the deceased’s brother, Muzafar Ahmad Tahir, on
   2 June 2025.

REASONS

1. Given the discrete nature of the dispute, I did not call for submissions from the parties.

2. There is no evidence to suggest that there were any persons wholly or partly dependent on the deceased at the date of his death. Accordingly, I am satisfied that there were no persons wholly or partly dependent on the deceased at the date of death.

3. In the circumstances, the lump sum death benefit of $929,200 payable pursuant to
   s 25(1)(a) will be paid to the respondent pursuant to s 85A(1)(a) of the 1987 Act.

4. I note that the parties have agreed with respect to interest in the sum of $48,049.29 pursuant to s 109 of the 1998 Act.

FINDINGS

1. The deceased worker, Faraz Ahmad Tahir, died on 13 April 2024 as a result of injuries sustained during the course of his employment with the respondent.

2. There were no persons wholly or partly dependent for support upon the deceased at the date of her death.

3. The name of the respondent is amended to Muzafar Ahmad Tahir as Administrator of the Estate of the Late Faraz Ahmad Tahir.

4. The applicant to pay Muzafar Ahmad Tahir as Administrator of the Estate of the Late Faraz Ahmad Tahir $929,200 pursuant to ss 25(1)(a) and 85A(1)(a) of the 1987 Act and $48,049.29 in respect of interest pursuant to s109 of the 1998 Act.