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William Payne v McArthur River Mining Pty Ltd [2004] NTMC 22 (25 March 2004)

[Back to Main List] [Back to NTMC 2004 List] CITATION: William Payne v McArthur River Mining Pty Ltd [2004] NTMC 22

PARTIES: WILLIAM PAYNE

MCARTHUR RIVER MINING PTY LTD

TITLE OF COURT: WORK HEALTH COURT

JURISDICTION: WORK HEALTH

FILE NO(s): 20305659

DELIVERED ON: 25 March 2004

DELIVERED AT: Darwin

HEARING DATE(s): 18-19 November 2003

JUDGMENT OF: MR H BRADLEY

CATCHWORDS:

WORKERS COMPENSATION -- WORK HEALTH -- NORMAL WEEKLY --EARNINGS -- REMUNERATION

Normal Weekly Earnings - what benefits other than salary are to be included - basis for valuation of benefits other than salary

The Work Health Act 1986 (NT) s 49,

Pulumpa Station v Fox (1999) NTSC 144
Fox v Pulumpa Station Pty Ltd (1999) NTMC 024
Muwangi Community Aboriginal Corporation v Carroll [2002] NTCA 9
Sedco Forex Pty Ltd v Sjoberg (1997) 7 NTLR 50
Plewright v Passman SCNT 4 April 1997
R v Postmaster General 1 Q.B.D. 663, 664
Dothie & Others v Robert MacAndrew and Co. (1908) 1 KB 803
Skailes v Blue anchor Line Ltd (1911) 1 KB 360
Connally v The Victorian Railways Commissioner [1957] VicRp 62; [1957] VR 466
Dawson v Bankers and Traders Insurance Co Ltd [1957] VicRp 65; [1957] VR 491
Leighton v Australian Telecommunications Commission [1990] 34 IR 250
Butler v Egg & Eggpulp Marketing Board [1966] HCA 38; [1996] 114 CLR 185
K.P. Welding Construction Pty Ltd v Herbert (SCNT)
Cooper Brookes (Wollongong) Pty Ltd v The Commissioner of Taxation [1981] HCA 26; (1980-81) 147 CLR 297
Hughes v AAT Kings Tours Pty Ltd (NTSC 29 April 1994)
AAT Kings Tours P/L v Hughes 99 NTR 33
Francese v Corporation of the City of Adelaide [1989] SASC 1796; [1989] 51 SASR 522
Thomas v Francis Creek Iron Mining Corporation (unreported)
Smith v Hastings Deering (Australia) Ltd [2003] NTMC 029
McFarland v NT Drilling Pty Ltd [2003] NTMC 62
Turner v The Granites Goldmine (unreported 15 April 2003)
Normandy NFM Ltd t/a The Granites Goldmine v Turner [2003] NTSC 112
Sharpe v Midland Railway Co (1903) 2 KB 26
Great Northern Railways Ry.Co. v Dawson [1905] 1 KB 331
Abram Coal Co Ltd v Southern [1903] AC 306

REPRESENTATION:

Counsel:
Worker: Mr Southwood QC
Employer: Ms Robertson

Solicitors:
Worker: Priestly Walsh
Employer: Cridlands

Judgment category classification: A
Judgment ID number: [2004] NTMC 22
Number of paragraphs: 78

IN THE LOCAL COURT
AT DARWIN IN THE NORTHERN
TERRITORY OF AUSTRALIA

No. 20305659

BETWEEN:

WILLIAM PAYNE

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.

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Details

Case: [2004] NTMC 22
Decision Date: 25 March 2004

CaseChat Overview and Summary

William Payne commenced proceedings against his employer McArthur River Mining Pty Ltd in the Work Health Court, seeking compensation for his partial loss of earning capacity. The dispute centred around the calculation of Payne's normal weekly earnings, specifically whether his weekly salary was $1,429.48 or $1,436.54, and whether he was entitled to include additional benefits other than his salary in the calculation of his normal weekly earnings. The court held that the correct salary component was $1,425.57. Regarding the additional benefits, the court found that several benefits provided by the employer, such as three meals a day, morning and afternoon teas, laundry services for work clothes, access to sports and social facilities, and twice-weekly room cleaning and linen changes, should be included in the calculation of normal weekly earnings. The court determined that the value of these benefits was $210 per week, leading to a total normal weekly earnings figure of $1,521.28. The matter was adjourned for further submissions on the necessary findings and orders.

Orders