Z Services Australia Pty Ltd v Gouveia - [2023] NSWPIC 304

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Z Services Australia Pty Ltd v Gouveia & Ors [2023] NSWPIC 304
APPLICANT:	Z Services Australia Pty Ltd
FIRST RESPONDENT:	Alisha Gouveia
SECOND RESPONDENT:	BFW
THIRD RESPONDENT:	BGT
senior Member:	Kerry Haddock
DATE OF DECISION:	28 June 2023
CATCHWORDS:	WORKERS COMPENSATION - Workplace Injury Management and Workers Compensation Act 1998; claim for interest on lump sum death benefit pursuant to section 109; parties agreed on date claims were “duly made” and rate of interest; Held – applicant to pay interest on the lump sum death benefit as agreed, to be paid pro-rata; interest payable to second and third respondents to be paid to NSW Trustee and Guardian; applicant to pay fees for investing or managing sums paid to NSW Trustee and Guardian on behalf of second and third respondents, pursuant to section 25(1A) of the Workers Compensation Act 1987.
determinations made:	1. The applicant is to pay interest on the lump sum death benefit, pursuant to s 109 of the Workplace Injury Management and Workers Compensation Act 1998, in the amount of $6,516.06, apportioned pro rata between the respondents. 2. The interest apportioned to the second respondent is to be paid to the NSW Trustee and Guardian, to be held on trust for her until she attains the age of 18 years. 3. The applicant is to pay, pursuant to s 25(1A) of the Workers Compensation Act 1987, the fees concerning investing or otherwise managing the sum paid to the NSW Trustee and Guardian on behalf of the second respondent. 4. The interest apportioned to the third respondent is to be paid to the NSW Trustee and Guardian, to be held on trust for her until she attains the age of 18 years. 5. The applicant is to pay, pursuant to s 25(1A) of the Workers Compensation Act 1987, the fees concerning investing or otherwise managing the sum paid to the NSW Trustee and Guardian on behalf of the third respondent.

STATEMENT OF REASONS

BACKGROUND

The worker, Nelson Miguel Gouveia, died on 5 May 2022, as a result of injury on
9 November 2015, arising out of or in the course of employment with the applicant, Z Services Australia Pty Ltd.
The first respondent, Alisha Gouveia, is the worker’s widow. The second and third respondents, to whom I will refer by their given names, while meaning no disrespect, BFW and BGT, are the children of the marriage.
The respondents have made a claim pursuant to s 25 of the Workers Compensation Act 1987 (the 1987 Act) for the lump sum death benefit of $862,350. A claim was also made for weekly benefits in respect of the children, and for funeral expenses, pursuant to s 26 of the Act.
The applicant has accepted liability for the claim.

ISSUES FOR DETERMINATION

The parties agree that the following issue remains in dispute:
(a) whether the respondents are entitled to payment of interest on the lump sum; and if so, the period during…

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.

Keep reading for free

Create a free CaseChat account to read Z Services Australia Pty Ltd v Gouveia and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2023] NSWPIC 304
Decision Date: 28 June 2023

CaseChat Overview and Summary

Z Services Australia Pty Ltd initiated legal proceedings against Gouveia, along with two other respondents, concerning a claim for interest on a lump sum death benefit under the Workplace Injury Management and Workers Compensation Act 1998. The central dispute was whether the applicant was entitled to interest on the death benefit and, if so, the amount and to whom it should be paid. Both parties agreed on the date the claims were "duly made" and the rate of interest applicable, but they differed on the distribution and management of the interest.

The court was tasked with determining whether the applicant was entitled to interest on the lump sum death benefit and, if so, the amount and to whom it should be paid. Additionally, the court needed to resolve how the interest should be managed and invested, particularly in relation to payments made to the NSW Trustee and Guardian on behalf of the second and third respondents.

The court ruled that the applicant was indeed entitled to interest on the lump sum death benefit, as per the agreement between the parties regarding the date the claims were made and the applicable interest rate. The interest was to be paid pro-rata. Furthermore, the interest payable to the second and third respondents should be directed to the NSW Trustee and Guardian. The applicant was also ordered to cover the fees associated with investing or managing the sums paid to the NSW Trustee and Guardian on behalf of the second and third respondents, in accordance with section 25(1A) of the Workers Compensation Act 1987.

Consequently, the court mandated that the applicant pay the agreed-upon interest to the relevant parties and cover the fees for managing the payments to the NSW Trustee and Guardian.

Orders