Bosnyak v Wroblewski [1974] HCA 45

Bosnyak v Wroblewski [1974] HCA 45

The 1970 amendments to the First Schedule of the Workers' Compensation Act 1912-1970 (WA) altered the structure of compensation such that dependent children (as in item (II)) have claims for weekly payments only against the Workers' Compensation Board Fund, not directly against the employer. Accordingly, in circumstances where dependants who received damages under the Fatal Accidents Act are precluded from further claim, a remaining dependant falling within item (II) of cl. 1(a)(i) cannot obtain an award directly against the employer, but must claim from the fund; the order of the Full Court to the contrary was set aside.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Decision on Appeal From the Full Court of the Supreme Court of Western Australia
Outcome
Appeal allowed
Legal Topics
['dependency Claims' 'compensation on Death of Worker' 'rights of Dependants' 'amendment and Construction of Legislation' 'double Recovery (compensation and Damages)']
["workers' Compensation" 'statutory Interpretation'] ['dependency Claims' 'compensation on Death of Worker' 'rights of Dependants' 'amendment and Construction of Legislation' 'double Recovery (compensation and Damages)']

Case Brief

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Procedural Posture

Appeal / High Court Decision on Appeal From the Full Court of the Supreme Court of Western Australia

Legal Issues

  1. 1 ["Whether, under the amended Workers' Compensation Act 1912-1970 (WA), a dependent child who did not receive damages under the Fatal Accidents Act is entitled to an award against the employer for both a lump sum and weekly payments." 'Whether the amendments to the First Schedule by Act No. 18 of 1970 altered the liability of the employer to dependants falling within items (II) and (III), and if such dependants have a direct claim against the employer or only against the Fund.']

Ratio Decidendi

The 1970 amendments to the First Schedule of the Workers' Compensation Act 1912-1970 (WA) altered the structure of compensation such that dependent children (as in item (II)) have claims for weekly payments only against the Workers' Compensation Board Fund, not directly against the employer. Accordingly, in circumstances where dependants who received damages under the Fatal Accidents Act are precluded from further claim, a remaining dependant falling within item (II) of cl. 1(a)(i) cannot obtain an award directly against the employer, but must claim from the fund; the order of the Full Court to the contrary was set aside.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Full Court of the Supreme Court of Western Australia set aside.' 'In lieu thereof, order that the questions in the case stated be answered in the affirmative.' "Respondents to pay appellants' costs of the case before the Full Court of the Supreme Court and costs of this appeal."]