The Western Australian Coastal Shipping Commission and Stevedoring Employers of Australia Ltd v. Wallner, Alphonse [1979] FCA 100

The Western Australian Coastal Shipping Commission and Stevedoring Employers of Australia Ltd v. Wallner, Alphonse [1979] FCA 100

Where weekly compensation payments have been made pursuant to the Workmen's Compensation Ordinance, and the employer has accepted or admitted liability by making such payments, s.7A confers a civil right to the continuance of those payments, enforceable on interlocutory application, unless discontinuance is authorized by Ordinance, Act, or Tribunal determination.

Parties
Appellants: The Western Australian Coastal Shipping Commission and Stevedoring Employers of Australia Limited; Respondent: Alphonse Wallner
Jurisdiction
Australia
Judgment Date
04 October 1979
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Interim Payments, Statutory Interpretation, Weekly Compensation Payments, Penal Provision, Civil Right
Workmen's Compensation Interim Payments Statutory Interpretation Weekly Compensation Payments Penal Provision Civil Right

Case Brief

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Parties

The Western Australian Coastal Shipping Commission and Stevedoring Employers of Australia Limited

Appellants

Alphonse Wallner

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether s.7A of the Workmen's Compensation Ordinance (N.T.) confers a civil right to interim compensation payments when an employer discontinues payments pending determination of liability
  2. 2 Interpretation of 'due under this Ordinance' in the context of s.7A

Ratio Decidendi

Where weekly compensation payments have been made pursuant to the Workmen's Compensation Ordinance, and the employer has accepted or admitted liability by making such payments, s.7A confers a civil right to the continuance of those payments, enforceable on interlocutory application, unless discontinuance is authorized by Ordinance, Act, or Tribunal determination.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the respondent's costs of the appeal.