B.W. ESLER SERVICES PTY. LIMITED v. DULHUNTY [2000] NSWCA 349

B.W. ESLER SERVICES PTY. LIMITED v. DULHUNTY [2000] NSWCA 349

A notice to discontinue weekly compensation under s.52A must comply with cl 15(1)(a) of the Workers Compensation (General) Regulation 1995 by providing not only reasons but also adequate particulars. The 14 July 1999 notice failed to do so, rendering the discontinuation ineffective. Therefore, the award for weekly compensation could not be lawfully set aside on these grounds.

Parties
Appellant: B.W. Esler Services Pty. Limited; Respondent: Terence Dulhunty
Jurisdiction
Australia
Judgment Date
20 December 2000
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld by majority (Mason P, Powell JA); dissenting opinion (Giles JA) that appeal should be dismissed.
Legal Topics
Weekly Compensation, Termination of Payments, Procedure, Notice Requirements, Appeal Procedures
Workers Compensation Weekly Compensation Termination of Payments Procedure Notice Requirements Appeal Procedures

Case Brief

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Parties

B.W. Esler Services Pty. Limited

Appellant

Terence Dulhunty

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the notice to discontinue weekly compensation complied with statutory and regulatory requirements under s.54 of the Workers Compensation Act 1987 and cl 15(1) of the Workers Compensation (General) Regulation 1995
  2. 2 Whether a non-complying notice renders discontinuance of weekly payments ineffective
  3. 3 Applicability of transitional provisions and legislative amendments to s.52A

Ratio Decidendi

A notice to discontinue weekly compensation under s.52A must comply with cl 15(1)(a) of the Workers Compensation (General) Regulation 1995 by providing not only reasons but also adequate particulars. The 14 July 1999 notice failed to do so, rendering the discontinuation ineffective. Therefore, the award for weekly compensation could not be lawfully set aside on these grounds.

Court Disposition

Appeal upheld by majority (Mason P, Powell JA); dissenting opinion (Giles JA) that appeal should be dismissed.

Orders

  • Appeal upheld.
  • Order that so much of the Award made by Davidson CCJ on 7 December 1999 as ordered the appellant to pay the respondent weekly compensation at the rate of $200.00 from 24 August 1999 be set aside and in lieu thereof, to the extent to which the respondent had sought an award of weekly compensation, there be an award...