Coalcliff Collieries Ltd v Campbell [1964] HCA 53

Coalcliff Collieries Ltd v Campbell [1964] HCA 53

Because s. 11 (1) (b) deems the worker's average weekly earnings before injury to move with changes in the basic wage, that deemed change is material on an application under s. 60 to review weekly payments; it made no difference that the amendment was introduced in s. 11 rather than s. 60, so the award increasing the respondent's weekly payments was upheld.

Jurisdiction
Australia
Procedural Posture
Workers' Compensation Appeal / Appeal to the High Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['review of Weekly Payments' 'partial Incapacity' 'basic Wage Adjustment' 'change in Circumstances']
["workers' Compensation" 'statutory Interpretation'] ['review of Weekly Payments' 'partial Incapacity' 'basic Wage Adjustment' 'change in Circumstances']

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Procedural Posture

Workers' Compensation Appeal / Appeal to the High Court of Australia

Legal Issues

  1. 1 ["Whether the Workers' Compensation Commission's power under s. 60 of the Workers' Compensation Act of New South Wales to review a weekly payment may be exercised where s. 11 (1) (b) deems a worker's average weekly earnings before injury to increase or reduce with changes in the basic wage."]

Ratio Decidendi

Because s. 11 (1) (b) deems the worker's average weekly earnings before injury to move with changes in the basic wage, that deemed change is material on an application under s. 60 to review weekly payments; it made no difference that the amendment was introduced in s. 11 rather than s. 60, so the award increasing the respondent's weekly payments was upheld.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']