Franklins v Richards [2002] NSWCC 2

Franklins v Richards [2002] NSWCC 2

For the purposes of Sch 6 Pt 18C cl 11(2)(a) of the Workers Compensation Act 1987, an 'application for determination' must have been filed in the court prior to 9 am on 27 November 2001; merely having an agreement between parties is insufficient for court to have power to approve a commutation.

Parties
Applicant Employer: Franklins Ltd; Respondent Worker: Steven Richards; Intervener: WorkCover Authority of New South Wales
Jurisdiction
Australia
Judgment Date
30 January 2002
Procedural Posture
Application for Commutation / Determination at First Instance
Outcome
Application dismissed
Legal Topics
Commutations, Transitional Provisions, Interpretation of 'pending' Applications
Workers Compensation Law Commutations Transitional Provisions Interpretation of 'pending' Applications

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Parties

Franklins Ltd

Applicant Employer

Steven Richards

Respondent Worker

WorkCover Authority of New South Wales

Intervener

Procedural Posture

Application for Commutation / Determination at First Instance

Legal Issues

  1. 1 Whether the court has power to approve a commutation settlement where agreement was reached before 9 am on 27 November 2001 but the application was filed after that time under the transitional provisions of the Workers Compensation Act 1987

Ratio Decidendi

For the purposes of Sch 6 Pt 18C cl 11(2)(a) of the Workers Compensation Act 1987, an 'application for determination' must have been filed in the court prior to 9 am on 27 November 2001; merely having an agreement between parties is insufficient for court to have power to approve a commutation.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • Order the applicant employer to repay the respondent worker's costs.