AARDVARK SECURITY SERVICES PTY LTD v RUSZKOWSKI [1992] NSWCA 1

AARDVARK SECURITY SERVICES PTY LTD v RUSZKOWSKI [1992] NSWCA 1

A stay can be ordered in respect of the payment out of a lump sum to a widow, but no stay can be granted in respect of weekly compensation payments to a dependent child of a deceased worker due to the statutory limitation in s38(3) of the Compensation Court Act 1984.

Parties
Claimant: Aardvark Security Services Pty Ltd; Respondent: Bronwyn Jane Ruszkowski; Child: Katarzyna Helena Ruszkowski
Jurisdiction
Australia
Judgment Date
13 July 1992
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Applicant partly succeeded and partly failed on the motion for stay pending appeal.
Legal Topics
Stay of Proceedings, Weekly Payments of Compensation, Death Claims, Appeal Practice
Workers Compensation Civil Procedure Stay of Proceedings Weekly Payments of Compensation Death Claims Appeal Practice

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Parties

Aardvark Security Services Pty Ltd

Claimant

Bronwyn Jane Ruszkowski

Respondent

Katarzyna Helena Ruszkowski

Child

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay should be granted on payment out of a lump sum compensation to a widow pending appeal.
  2. 2 Whether a stay can be granted on weekly compensation payments to a child of the deceased under s38(3) Compensation Court Act 1984.

Ratio Decidendi

A stay can be ordered in respect of the payment out of a lump sum to a widow, but no stay can be granted in respect of weekly compensation payments to a dependent child of a deceased worker due to the statutory limitation in s38(3) of the Compensation Court Act 1984.

Court Disposition

Applicant partly succeeded and partly failed on the motion for stay pending appeal.

Orders

  • Stay para3 of the award of Thompson CCJ dated 29 May 1992, so that the sum of $158,750 remains with the WorkCover Authority pending outcome of appeal.
  • Refuse stay of execution of order in para2 in respect of weekly amounts to Bronwyn Jane Ruszkowski for her child.