Reported Decision: [2000] 19 NSWCCR 629
New South Wales
Court of Appeal
CITATION: Holdlen Pty Ltd v Walsh [2000] NSWCA 87 FILE NUMBER(S): CA 40482/99 & 40483/99 HEARING DATE(S): 12 April 2000 JUDGMENT DATE:
26 April 2000PARTIES :
Holdlen Pty Ltd - Appellant
Leah Denise Walsh - RespondentJUDGMENT OF: Meagher JA at 1; Giles JA at 2; Heydon JA at 53
LOWER COURT JURISDICTION : Compensation Court LOWER COURT
FILE NUMBER(S) :6896/97 & 7215/98 LOWER COURT
JUDICIAL OFFICER :Geraghty J
COUNSEL: R I Harrington - Appellant
J Poulos QC & G A Rich - RespondentSOLICITORS: Curwood & Partners, Sydney - Appellant
Tonkin Drysdale Partners, Woy Woy - RespondentCATCHWORDS: WORKERS COMPENSATION - injury - some years later death by suicide - award to worker's dependants if death resulted from injury - trial judge found it did - whether error in point of law - evidence of causal link - no error - discussion of cases calling for inquiry into worker's sanity at time of suicide - need for inquiry doubted - discussion whether s 14(3) of Workers Compensation Act can apply in a case of death by suicide - not necessary to decide. - WORKERS COMPENSATION - injury - award to dependants wholly dependent for support on worker - trial judge found child wholly dependent - whether error in point of law - worker obliged to pay maintenance - total dependency not incompatible with worker's wife in fact providing support - evidence on which total dependency could be found - no error. CASES CITED: (a) CAUSATION -
Koorangang Cement Pty Ltd v Bates (1994) 35 NSWLR 452;
Accident Compensation Commission v C E Heath Underwriting Insurance (Aust) Pty Ltd (1994) 121 ALR 417;
Sutherland Shire Council v Baltica General Insurance Co Ltd (1995) 39 NSWLR 87.
(b) INSANITY AND S 14(3) -
Fenton v Thorley & Co Ltd (1903) AC 443;
Grime v Fletcher (1915) 8 BWCC 69;
Withers v London, Brighton and South Coast Railway Company (1916) 2 KB 772;
Marriott v Maltby Main Colliery Co Ltd (1920) 13 BWCC 353;
Bevan v Lancasters Steam Coal Collieries (1926) 20 BWCC 241;
Johnson v Warren (1928) 21 BWCC 411;
Church v Dugdale & Adams Ltd (1929) 22 BWCC 444;
Parry v English Steel Corporation Ltd (1939) 32 BWCC 272;
King v Associated Battery Makers of Australia Pty Ltd (1954) WCR 105;
Mitchell v Hunt (1960) WCR 56;
Bird v Australian Iron & Steel Pty Ltd (1979) WCR 227;
Muscat v NSW Harness Racing Club Ltd (1995) 11 NSWCCR 1;
March v E & M H Stramare Pty Ltd (1991) 171 CLR 506;
Medlin v State Government Insurance Commission (1995) 182 CLR 1;
Director of Public Prosecutions for Northern Ireland v Lynch (1975) AC 653;
MMI Workers Compensation (NSW) v Kennedy (1993) 9 NSWCCR 482.
(c) DEPENDENCY -
Aafjes v Kearney (1976) 180 CLR 199;
McCaffety's Management Pty Ltd v Pimlott (CA, 5 December 1995, unreported).DECISION:
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Details
- AGLC
- Holdlen Pty Ltd v Walsh [2000] NSWCA 87
- Case
- [2000] NSWCA 87
- Decision Date
CaseChat Overview and Summary
Holdlen Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of a trial judge who had made an award to the dependants of a deceased worker. The dispute concerned whether the worker's death by suicide, which occurred some years after an injury sustained at work, resulted from that injury, and whether the worker's child was wholly dependent on the worker for support.
The Court of Appeal was required to determine two primary legal issues. Firstly, whether the trial judge erred in law in finding a causal link between the worker's injury and his subsequent death by suicide. Secondly, whether the trial judge erred in law in finding that the worker's child was wholly dependent on the worker for support.
The Court of Appeal found no error in the trial judge's determination of a causal link between the injury and the suicide, noting that the evidence supported such a finding. The Court also considered, but did not find it necessary to decide, whether section 14(3) of the *Workers Compensation Act* could apply in a case of death by suicide. Regarding the dependency issue, the Court held that total dependency was not incompatible with the worker's wife in fact providing support, and that there was sufficient evidence upon which the trial judge could find total dependency.
The appeal was dismissed with costs.
The Court of Appeal was required to determine two primary legal issues. Firstly, whether the trial judge erred in law in finding a causal link between the worker's injury and his subsequent death by suicide. Secondly, whether the trial judge erred in law in finding that the worker's child was wholly dependent on the worker for support.
The Court of Appeal found no error in the trial judge's determination of a causal link between the injury and the suicide, noting that the evidence supported such a finding. The Court also considered, but did not find it necessary to decide, whether section 14(3) of the *Workers Compensation Act* could apply in a case of death by suicide. Regarding the dependency issue, the Court held that total dependency was not incompatible with the worker's wife in fact providing support, and that there was sufficient evidence upon which the trial judge could find total dependency.
The appeal was dismissed with costs.
Orders
Orders of the court
Appeal dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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