| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY A MEMBER | |
CITATION: | McGrath v P.M. Electric Pty Limited [2023] NSWPICPD 31 |
APPELLANT: | Nicole McGrath |
FIRST RESPONDENT: | P.M. Electric Pty Limited |
SECOND RESPONDENT: | Taleya Amelia McGrath |
THIRD RESPONDENT: | Kayden Charles McGrath |
INSURER: | Employers Mutual NSW Ltd |
FILE NUMBER: | A4-380/21 |
PRESIDENTIAL MEMBER: | Acting Deputy President Geoffrey Parker SC |
DATE OF APPEAL DECISION: | 31 May 2023 |
ORDERS MADE ON APPEAL: | 1. Orders 11, 12 and 13 of the Certificate of Determination dated 2 June 2022 are confirmed. |
CATCHWORDS: | WORKERS COMPENSATION – interest pursuant to s 109 of the Workplace Injury Management and Workers Compensation Act 1998 with respect to lump sum death benefit payable in accordance with s 25 of the Workers Compensation Act 1987 – alleged error of discretion – House v R [1936] HCA 40; 55 CLR 499 applied – held that the rate of inflation is not to be considered in exercising the discretion in s 109 of the Workplace Injury Management and Workers Compensation Act 1998 |
HEARING: | On the papers |
REPRESENTATION: | Appellant: |
| Mr J Hallion, counsel | |
| Owen Hodge Lawyers | |
| First respondent: | |
| Ms L Goodman, counsel | |
| Gair Legal | |
| Second respondent: | |
| Mr T Driscoll, solicitor | |
| Beilby Poulden Costello | |
| Third respondent: | |
| Mr M Calf, solicitor | |
| M.A.C. Calf Lawyers & Associates | |
DECISION UNDER APPEAL | |
MEMBER: | Ms K Haddock |
DATE OF Member’s DECISION: | 2 June 2022 |
INTRODUCTION AND BACKGROUND FACTS
The appeal is from part of a Certificate of Determination dated 2 June 2022.
The parties agreed that the issues for determination by the Member were:
(a) the apportionment of the death benefit, and
(b) whether interest is to be paid on the death benefit and if so the amount of interest and the period over which it is to be awarded.
The appellant is the widow of Nicholas McGrath who died on 21 September 2019 whilst on a trip to the Formula 1 Grand Prix in Singapore funded by his employer, P.M. Electric Pty Limited (the respondent).
On 8 June 2021, a Member of the Personal Injury Commission (Commission) entered an award for the employer.[1]
On 4 March 2022, an appeal against that decision was successful and the matter was remitted for re-determination by another member of the Commission.[2] The Deputy President remitted the matter for determination of the issues as to whether:
(a) the injury arose out of or in the course of employment in accordance with s 4 of the 1987 Act;
(b) the deceased’s employment was a substantial contributing factor to the injury in accordance with s 9A of the Workers Compensation Act 1987 (the 1987 Act), and
(c) any remaining issues including in respect of the apportionment of any amount of compensation payable.
On 2 June 2022 the re-determination was listed for determination. The substantive claim was resolved by consent in favour of the widow and the dependants. The Member exercised…
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- Case
- [2023] NSWPICPD 31
- Decision Date
CaseChat Overview and Summary
The court was tasked with interpreting the statutory framework and determining the correct exercise of discretion in setting the interest rate. The appellant argued that the tribunal had erred by not considering the rate of inflation when determining the interest rate. The court referenced House v R, applying principles established in that case to the interpretation of the statutory language. The court held that the statutory provisions did not require the tribunal to consider inflation when exercising its discretion. Instead, the court found that the tribunal had correctly exercised its discretion by not considering inflation, and that the decision was consistent with the statutory language and legislative intent.
Following the court's reasoning, the appeal was dismissed. The orders confirmed were those of the Certificate of Determination dated 2 June 2022, which had already been made by the tribunal in relation to the lump sum death benefit and the interest payable thereon. The court’s decision effectively upheld the tribunal’s approach to interest calculation and affirmed the correctness of the interest rate determined.
Orders
Orders of the court
ORDERS MADE ON APPEAL:
1. Orders 11, 12 and 13 of the Certificate of Determination dated 2 June 2022 are confirmed.
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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