Ritson v State of New South Wales

The case of *Ritson v State of New South Wales* concerned an appeal to the Court of Appeal of New South Wales. The applicant, Ritson, sought to appeal a decision concerning payments made under a deed of settlement in relation to a workers compensation claim. The respondent was the State of New South Wales. The core of the dispute revolved around whether a payment received by the applicant, which included an amount for costs, constituted "damages" for the purposes of the *Workers Compensation Act 1987* (NSW).

The Court of Appeal was required to determine two primary legal issues. Firstly, whether the payment made under the deed of settlement could be considered a recovery in respect of an injury for the purposes of section 151A of the *Workers Compensation Act 1987* (NSW). Secondly, the court had to consider whether the payment, inclusive of costs, constituted "damages" as defined or contemplated by section 149 of the same Act. A further procedural issue arose regarding the competency of the appeal itself, given the relatively small amount in issue, which was $825.

The Court of Appeal, comprising Meagher JA, Simpson AJA, and Griffiths AJA, found that the appeal was incompetent. Their Honours reasoned that the amount in issue was below the threshold that would ordinarily permit an appeal as of right. Consequently, leave to appeal was required. The court concluded that the payment made under the deed of settlement, even with the inclusion of costs, did not amount to "damages" in a manner that would render the appeal competent as of right. Therefore, the summons seeking leave to appeal was dismissed, and the notice of appeal filed by the applicant was also dismissed. The applicant was ordered to pay the respondent's costs.