Corowa Trading Co v Sanderson [2001] NSWCC 164

Corowa Trading Co v Sanderson [2001] NSWCC 164

The Court had no jurisdiction to entertain the application because it had no statutory power to order redemption or commutation of the employer's liability to make weekly payments to dependent children under the relevant workers compensation provisions.

Jurisdiction
Australia
Judgment Date
31 May 2001
Procedural Posture
Application by an Employer for Commutation of Liability to Make Weekly Payments of Compensation to Dependants of a Deceased Worker / Ex Tempore Judgment on Application for Determination
Outcome
Application for determination dismissed for want of jurisdiction.
Legal Topics
['death Benefits' 'weekly Payments for Dependent Children' 'redemption or Commutation of Compensation Liability' 'jurisdiction']
['workers Compensation'] ['death Benefits' 'weekly Payments for Dependent Children' 'redemption or Commutation of Compensation Liability' 'jurisdiction']

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Procedural Posture

Application by an Employer for Commutation of Liability to Make Weekly Payments of Compensation to Dependants of a Deceased Worker / Ex Tempore Judgment on Application for Determination

Legal Issues

  1. 1 ["Whether the Court had power to order redemption or commutation of the employer's liability to make weekly payments to dependent children under the former s 8(1)(b) of the Workers Compensation Act 1926 or the current s 25(1)(b) of the Workers Compensation Act 1987." 'Whether the widow was an appropriate respondent where the weekly payments were for the benefit of children who were sui juris.']

Ratio Decidendi

The Court had no jurisdiction to entertain the application because it had no statutory power to order redemption or commutation of the employer's liability to make weekly payments to dependent children under the relevant workers compensation provisions.

Court Disposition

Application for determination dismissed for want of jurisdiction.

Orders

  • ['The application for determination is dismissed for want of jurisdiction.' "Order the applicant employer to pay the respondent's costs."]