Meat Carter Pty Ltd v Melides

[2020] NSWCA 307

Court of Appeal

Supreme Court

New South Wales

• Summary available

Medium Neutral Citation:

Meat Carter Pty Ltd v Melides [2020] NSWCA 307

Hearing dates:

4 May 2020

Decision date:

26 November 2020

Before:

Macfarlan JA at [1];
Gleeson JA at [2];
White JA at [3]

Decision:

1. Appeal allowed.

2. Set aside the orders of the Acting Deputy President of 10 September 2019.

3. In lieu thereof order that the appeal from the orders of the Arbitrator made on 26 February 2019 be dismissed.

4. Order that the respondent pay the appellant’s costs of the appeal.

Catchwords:

WORKERS’ COMPENSATION – Construction of Workers Compensation Act 1987 (NSW) s 38A – Whether payment at special rate pursuant to s 38A payable from time of injury or from time the worker satisfies the definition of “worker with highest needs” – consideration of the defined term ‘worker with highest needs”

Legislation Cited:

Workers Compensation Act 1987 (NSW), ss 9, 32A, 36, 37, 38A, 39, 59A, 60, 65, 82A

Workers Compensation Amendment Act 2015 (NSW), Sch 2

Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 319, 321, 322A, 325, 353

Cases Cited:

Ansett Australia v Dale [2001] NSWCA 341; 22 NSWCCR 527

Borovac v Corporate Ventures Pty Ltd t/a New South Wales Department of Agriculture (1995) 12 NSWCCR 84

Hee v State Transit Authority of New South Wales (2019) 100 NSWLR 274; [2019] NSWCA 175

Hochbaum v RSM Building Services Pty Ltd; Whitton v Technical and Further Education Commission t/as TAFE NSW [2020] NSWCA 113

Melides v Meat Carter Pty Ltd [2019] NSWWCCPD 48

State of NSW v Allen [2000] NSWCA 141; 20 NSWCCR 314

TNT Australia Pty Ltd v Estate of Horne (1995) 36 NSWLR 630

Texts Cited:

Herzfeld and Prince, Interpretation, 2nd ed Thomson Reuters

Category:

Principal judgment

Parties:

Meat Carter Pty Ltd (Appellant)
Steven Melides (Respondent)

Representation:

Counsel:
J Kirk SC with B Lim (Appellant)
B McManamey (Respondent)

Solicitors:
Stiles Lawyers (Appellant)
Peninsula Law (Respondent)

File Number(s):

2019/301298

 Decision under appeal 

Court or tribunal:

Workers Compensation Commission of NSW

Jurisdiction:

n/a

Citation:

[2019] NSWWCCPD 48

Date of Decision:

10 September 2019

Before:

Parker SC ADP of WCC

File Number(s):

A 1-6032/18

HEADNOTE

[This headnote is not to be read as part of the judgment]

The appellant appeals from orders of a Presidential member of the Workers Compensation Commission who found that the respondent was entitled to payment at the special rate specified in s 38A of the Workers Compensation Act 1987 (NSW) from the time of injury (29 October 2014). Section 38A provides that if a worker with highest needs’ weekly payment of compensation under ss 36, 37 or 38 falls below a prescribed amount that amount is to be treated as the prescribed amount.

The appellant argues that although the respondent is entitled to payment at the special rate, that entitlement only arose from the time that the respondent satisfied the definition of “worker with highest needs” under s 32A. The respondent was assessed…