Ron Bateman Pty Ltd v Wilson & Ors - [2023] NSWPIC 674

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Ron Bateman Pty Ltd v Wilson & Ors [2023] NSWPIC 674
APPLICANT:	Ron Bateman Pty Ltd
FIRST RESPONDENT:	Supin Wilson
SECOND RESPONDENT:	Kylie Louise Woods as tutor of Gloria Supang Wilson
PRINCIPAL MEMBER:	Glenn Capel
DATE OF DECISION:	14 December 2023
CATCHWORDS:	WORKERS COMPENSATION - Death claim; determination of dependency, apportionment, and payment of death benefit, interest and management fee; TNT Group 4 Pty Limited v Halioris, Kaur v Thales Underwater Systems Pty Ltd, and Wratten v Kirkpatrick & Ors discussed and applied; Held – Death benefit and agreed interest apportioned and orders for payment.
DETERMINATIONS MADE:	The Commission determines: 1. The name of the second respondent is amended to Kylie Louise Woods as tutor of Gloria Supang Wilson. 2. The deceased worker, Dean Douglas Wilson, died on 1 April 2023 as a result of injuries sustained arising out of or in the course of his employment with the applicant. 3. Supin Wilson and Gloria Supang Wilson was wholly dependent for support upon the deceased at the date of death. 4. The deceased had no other persons dependent on him. 5. The applicant is liable for the payment of lump sum compensation, interest and the management fee. 6. The lump sum compensation of $891,100 payable pursuant to s 25(1)(a) of the Workers Compensation Act 1987 is to be apportioned in accordance with s 29 of the of the Workers Compensation Act 1987 as follows: (a) Supin Wilson – $646,047.50 (72.5%). (b) Gloria Supang Wilson – $245,052.50 (27.5%). 7. The applicant to pay interest on the lump sum of $891,100 as agreed pursuant to s 109 of the Workplace Injury Management and Workers Compensation Act 1998 as follows: (a) Supin Wilson – $6,641.90. (b) Gloria Supang Wilson – $2,519.34. 8. The applicant to pay a management fee of $59,746.08 pursuant to s 25(1A) of the Workers Compensation Act 1987 and cl 177 of the Workers Compensation Regulation 2016. The Commission orders: 9. The applicant to pay the first respondent $652,689.40 pursuant to s 85A(1)(a) of the Workers Compensation Act 1987 and s 109 of the Workplace Injury Management and Workers Compensation Act 1998. 10. The applicant to pay $307,317.92 to the New South Wales Trustee and Guardian pursuant to ss 25(1A) and 85(1)(c) of the Workers Compensation Act1987, s 109 of the Workplace Injury Management and Workers Compensation Act 1998 and cl 177 of the Workers Compensation Regulation 2016 to hold on trust until Gloria Supang Wilson attains the age of 18 years.

STATEMENT OF REASONS

BACKGROUND

The deceased worker, Dean Douglas Wilson, died on 1 April 2023 as a result of injuries sustained arising out of or in the course of his employment with Ron Bateman Pty Ltd (the applicant).
Liability was accepted by the insurer pursuant to ss 25 and 26 of the Workers Compensation Act1987 (the 1987 Act) on 19 July 2023, subject to a determination of potential dependants.
On 26 July 2023, the applicant’s solicitor, Mr…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ron Bateman Pty Ltd v Wilson & Ors

Details

AGLC: Ron Bateman Pty Ltd v Wilson & Ors [2023] NSWPIC 674
Case: [2023] NSWPIC 674
Decision Date: 14 December 2023

CaseChat Overview and Summary

Ron Bateman Pty Ltd sought a determination of dependency in relation to a death claim, along with apportionment of the death benefit, interest, and a management fee. The matter was heard in the Supreme Court of New South Wales. The primary issue before the court was whether the deceased's wife was dependent upon him for support and, if so, what portion of the death benefit was attributable to her. Additionally, the court had to decide on the appropriate apportionment of interest and management fees between the parties.

The court examined the relevant statutory provisions and case law, including TNT Group 4 Pty Limited v Halioris, Kaur v Thales Underwater Systems Pty Ltd, and Wratten v Kirkpatrick & Ors. It found that the deceased's wife was indeed dependent upon him, and accordingly, she was entitled to a portion of the death benefit. The court further determined that the interest and management fees should be apportioned between the parties according to the dependency percentages. The court then ordered the death benefit and agreed interest to be apportioned accordingly, and set out the amounts payable to each party.

The court's decision was based on a detailed analysis of the evidence and applicable law. It held that the deceased's wife was entitled to a specific percentage of the death benefit, and that the interest and management fees should be apportioned in accordance with that percentage. The court provided clear and concise orders for the payment of the death benefit and interest, as well as the apportionment of the management fee.

Orders