Coles Myer Ltd v Rudzinski [2006] NSWCA 161

Coles Myer Ltd v Rudzinski [2006] NSWCA 161

The appellant failed to establish any error of law. The finding that the respondent's children were mainly dependent on her was a finding of fact supported by evidence that her income met household expenses while her husband's income met mortgage payments. A child may be mainly dependent on one parent while also mainly dependent on the other, and the parents' organisation of financial affairs was not legally objectionable in the absence of sham or fraud.

Jurisdiction
Australia
Judgment Date
22 June 2006
Procedural Posture
Workers Compensation Appeal / Appeal to the New South Wales Court of Appeal Pursuant to S 353 of the Workplace Injury Management and Workers Compensation Act 1998 From a Decision of the Workers Compensation Commission
Outcome
Appeal dismissed.
Legal Topics
['assessment of Compensation' 'dependency of Children' 'error of Law' 'findings of Fact']
['workers Compensation' 'appeals'] ['assessment of Compensation' 'dependency of Children' 'error of Law' 'findings of Fact']

Case Brief

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Procedural Posture

Workers Compensation Appeal / Appeal to the New South Wales Court of Appeal Pursuant to S 353 of the Workplace Injury Management and Workers Compensation Act 1998 From a Decision of the Workers Compensation Commission

Legal Issues

  1. 1 ['Whether compensation payable to the respondent should include payments in respect of her two children under s 37(4) of the Workers Compensation Act 1987.' 'Whether the Deputy President misdirected himself as to the meaning of "totally or mainly dependent" under s 37 of the Workers Compensation Act 1987.' "Whether only one finding was reasonably open, namely that the respondent's children were not totally or mainly dependent upon her for support." 'Whether the appeal identified an error of law or was an attack on findings of fact.']

Ratio Decidendi

The appellant failed to establish any error of law. The finding that the respondent's children were mainly dependent on her was a finding of fact supported by evidence that her income met household expenses while her husband's income met mortgage payments. A child may be mainly dependent on one parent while also mainly dependent on the other, and the parents' organisation of financial affairs was not legally objectionable in the absence of sham or fraud.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.' "Appellant to pay the respondent's costs on an indemnity basis."]