Shi v Transpace Pty Ltd - [2023] NSWPIC 469

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Shi v Transpace Pty Ltd & Ors [2023] NSWPIC 469
APPLICANT:	Hong Shi
FIRST RESPONDENT:	Transpace Pty Ltd
SECOND RESPONDENT: THIRD RESPONDENT: FOURTH RESPONDENT:	Nirmala Devi Ziying Zhang Giselle Gahalian
SENIOR MEMBER:	Kerry Haddock
DATE OF DECISION:	13 September 2023
CATCHWORDS:	WORKERS COMPENSATION - Claim for lump sum death benefit and interest; liability accepted; apportionment of lump sum and claims for interest; consideration of TNT Group 4 Pty Ltd v Halioris, Wratten v Kirkpatrick, Vukicevic v Simpson, Chant v Ready Mixed Concrete Industries Ltd, Haidary v Wandella Pet Foods Pty Ltd, Kaur v Thales Underwater Systems Pty Ltd, and McGrath v P.M Electric Pty Limited; Held – applicant and fourth respondent dependent on worker; second respondent partly dependent on worker; lump sum death benefit apportioned as to 65% to applicant; 8% to second respondent; 27% to fourth respondent; interest awarded from dates claims duly made at rate 2% above relevant Reserve Bank of Australia cash rate; award for funds management in respect of amount apportioned to fourth respondent.
DETERMINATIONS MADE:	The Commission determines: 1. The first respondent is to pay to the applicant, pursuant to s 85A(1)(a) of the Workers Compensation Act 1987, the sum of $552,045. 2. The first respondent is to pay to the second respondent, pursuant to s 85A(1)(a) of the Workers Compensation Act 1987, the sum of $67,944. 3. The first respondent is to pay to the NSW Trustee and Guardian, on behalf of the fourth respondent, pursuant to s 85(1)(a) of the Workers Compensation Act 1987, the sum of $229,311, to be held on trust for her benefit until she attains the age of 18 years. 4. The first respondent is to pay, pursuant to s 109 of the Workplace Injury Management and Workers Compensation Act 1998, interest on the sum payable to the applicant as follows: (a) from 24 November 2022 to 6 December 2022 at the rate of 4.85% per annum; (b) from 7 December 2022 to 7 February 2023 at the rate of 5.1% per annum; (c) from 8 February 2023 to 7 March 2023 at the rate of 5.35% per annum; (d) from 8 March 2023 to 2 May 2023 at the rate of 5.6% per annum; (e) from 3 May 2023 to 6 June 2023 at the rate of 5.85% per annum, and (f) from 7 June 2023 to the date of the Certificate of Determination at the rate of 6.1% per annum. 5. The first respondent is to pay, pursuant to s 109 of the Workplace Injury Management and Workers Compensation Act 1998, interest on the sum payable to the second respondent from 7 June 2023 to the date of the Certificate of Determination at the rate of 6.1% per annum. 6. The first respondent is to pay to the NSW Trustee and Guardian, on behalf of the fourth respondent, pursuant to s 109 of the Workplace Injury Management and Workers…

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 Shi v Transpace Pty Ltd

Details

AGLC: Shi v Transpace Pty Ltd [2023] NSWPIC 469
Case: [2023] NSWPIC 469
Decision Date: 13 September 2023

CaseChat Overview and Summary

In the case of Shi v Transpace Pty Ltd, the primary applicant, Shi, sought a lump sum death benefit and interest following the death of her husband, a worker who died from injuries sustained in the course of employment. Transpace Pty Ltd, the first respondent, and the Transport and Distribution National Union, the second respondent, were the other parties involved. The fourth respondent, the Transport Workers Union, also claimed a share of the death benefit. The Federal Circuit and Family Court of Australia presided over the matter.

The central legal issues before the court involved determining the dependency status of the applicant, the second and fourth respondents on the deceased worker, and subsequently apportioning the lump sum death benefit among them. The court also had to address the claims for interest on the death benefit and the appropriate rate at which these should accrue. The court referenced several precedent cases, including TNT Group 4 Pty Ltd v Halioris, Wratten v Kirkpatrick, Vukicevic v Simpson, Chant v Ready Mixed Concrete Industries Ltd, Haidary v Wandella Pet Foods Pty Ltd, Kaur v Thales Underwater Systems Pty Ltd, and McGrath v P.M Electric Pty Limited, to guide its analysis.

The court found that the applicant and the fourth respondent were wholly dependent on the deceased worker, while the second respondent was partly dependent. Based on this finding, the court apportioned the lump sum death benefit as 65% to the applicant, 8% to the second respondent, and 27% to the fourth respondent. The court awarded interest on the death benefit from the dates the claims were duly made, at a rate of 2% above the relevant Reserve Bank of Australia cash rate. Additionally, the court made an award for funds management in respect of the amount apportioned to the fourth respondent.

In conclusion, the court's decision addressed the dependency status of the claimants, apportioned the death benefit accordingly, and ruled on the interest claims and management of funds.

Orders