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

AARDVARK SECURITY SERVICES PTY LTD v RUSZKOWSKI SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 13 July 1192, 13 July 1992

[1992] NSWCA 1

WORKERS COMPENSATION — stay — death claim — lump sum paid to WorkCover Authority — stay on payment out — weekly payment to child — no stay under Act. WORDS AND PHRASES — "weekly payments of compensation". WORKERS' COMPENSATION — appeal to Court of Appeal — death claim — award of lump sum in favour of widow and weekly payment to child — application for stay pending outcome of appeal — desire to protect utility of appeal — lump sum paid to WorkCover Authority — Compensation Judge (Thompson CCJ) recommends that lump sum be paid out to widow — held: (1) A stay should be provided in respect of the recommendation and liberty should be reserved, if need be, to restore the motion to the list with notice to the WorkCover Authority; (2) Pursuant to Compensation Court Act 1984, s38(3) no stay could be granted in respect of the weekly payments to the child of the deceased worker as these were made pursuant to "an award of weekly payments of compensation".

APPEAL — practice — stay — award of Compensation Court — weekly payments to child of deceased worker — challenge to entitlement to award whether stay could or should be granted to protect utility of award

Lovett Building Company v Burns (1991) 26 NSWLR 37 (CA) applied.

Held: No stay of such payments could be granted because of s38(3) Compensation Court Act 1984 - hearing of appeal expedited.

Compensation Court Act 1984, s38. Workers Compensation Act 1987, s3(1), s10(1), s25.

ORDERS

1. Stay para3 of the award of Thompson CCJ dated 29 May 1992, to the intent that the sum of $158,750 should remain with the WorkCover Authority pending the outcome of this appeal to abide any further or other order of this Court;