Hector v Thiess Pty Limited and others (No 2) [2020] NSWDC 455

Hector v Thiess Pty Limited and others (No 2) [2020] NSWDC 455

Liam was accepted as a full-time student on the unchallenged affidavit evidence and his earning pattern was consistent with that status. Although he earned part-time income, the plaintiff provided valuable board, lodging, household expenses, study facilities, telephone, internet, computer access and motor vehicle expenses, which far exceeded Liam's earnings. Liam was therefore mainly dependent upon the plaintiff at all material times until 15 September 2019, so the weekly payments award was to be varied to include a further dependent child for that period.

Jurisdiction
Australia
Judgment Date
27 May 2020
Procedural Posture
Civil Coal Miners' Workers Compensation Proceeding / Consequential Orders Following Decision of 7 May 2020 and Plaintiff's Liberty to Apply on Dependency Issue
Outcome
The plaintiff succeeded on the dependency issue; the award of weekly payments was varied for the relevant period to represent a further dependent child, with costs of the day payable by the defendant.
Legal Topics
['dependent Child' 'full Time Student' 'main Dependency' 'weekly Payments of Compensation']
['workers Compensation' "coal Miners' Workers Compensation"] ['dependent Child' 'full Time Student' 'main Dependency' 'weekly Payments of Compensation']

Case Brief

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Procedural Posture

Civil Coal Miners' Workers Compensation Proceeding / Consequential Orders Following Decision of 7 May 2020 and Plaintiff's Liberty to Apply on Dependency Issue

Legal Issues

  1. 1 ['Whether Liam Hector was a full-time student in 2018.' 'Whether Liam Hector was totally or mainly dependent upon the plaintiff for support until 15 September 2019.' 'Whether the award of weekly payments should be varied to include a further dependent child for the relevant period.']

Ratio Decidendi

Liam was accepted as a full-time student on the unchallenged affidavit evidence and his earning pattern was consistent with that status. Although he earned part-time income, the plaintiff provided valuable board, lodging, household expenses, study facilities, telephone, internet, computer access and motor vehicle expenses, which far exceeded Liam's earnings. Liam was therefore mainly dependent upon the plaintiff at all material times until 15 September 2019, so the weekly payments award was to be varied to include a further dependent child for that period.

Court Disposition

The plaintiff succeeded on the dependency issue; the award of weekly payments was varied for the relevant period to represent a further dependent child, with costs of the day payable by the defendant.

Orders

  • ['The award of weekly payments is to be varied during the period from the date weekly payments commenced at the statutory rate until 15 September 2019 by an increase in the amount to represent a further dependent child during that period.' 'The costs order continues.' "The defendant can pay the plaintiff's costs of...