Stowe Australia Pty Ltd v Sara Melody Kelly

Stowe Australia Pty Ltd appealed to the Court of Appeal of the Supreme Court of the Australian Capital Territory against an order of a Master. The dispute concerned the interpretation of the term "claim" within the *Workers Compensation Act 1951* (ACT), specifically in relation to the appellant's ability to reject the respondent's claim.

The central legal issue before the Court of Appeal was whether the meaning of "claim" as used in section 132 of the *Workers Compensation Act 1951* (ACT) encompassed an entire claim for workers' compensation, or if it was restricted to only claims for weekly compensation payments. The court was required to determine if the legislative regime, including other sections of the Act and its Regulations, imposed limitations on the scope of "claim" in section 132.

The Court of Appeal found that the Master had erred in limiting the application of section 132 solely to a mechanism for an insurer to cease weekly compensation payments. The Court reasoned that the term "claim" in section 132 was not so restricted and could encompass the entirety of a workers' compensation claim. Consequently, the appeal was allowed, and the Master's orders were set aside.

The Court of Appeal granted the appellant leave to reject the respondent's claim. Subject to the appellant making a written application for costs within 10 days, each party was ordered to bear its own costs of the proceedings at all levels.