So v So [2004] NSWCA 67

New South Wales Court of Appeal

CITATION : So v So [2004] NSWCA 67 HEARING DATE(S) : 2 February 2004 JUDGMENT DATE : 12 March 2004

JUDGMENT OF : Meagher JA at 1; Santow JA at 2; McColl JA at 35 DECISION : (1) Appeal allowed with costs in favour of the appellant; (2) That an award be made in favour of the appellant in the sum of $253,651 pursuant to s25(1)(a) of the Workers Compensation Act 1987 and weekly payments at the rate of $80.60 pursuant to s25(1)(b) of that Act from 20 July 2000 for such period as the appellant was a student until the appellant reached the age of 21 years, and that such award be substituted for the award of His Honour Judge Bourke made on 19 December 2002.

CATCHWORDS : WORDS and PHRASES - meaning of a dependant being "wholly dependent for support" on her mother in terms of s25 of Workers Compensation Act 1987 - history and UK antecedent of legislation - can be wholly dependent on both mother and father notwithstanding greater financial contribution by father - test to be applied based on dependence on the equal and co-ordinate obligation of both parents being discharged - relationship with s26 of Workers Compensation Act 1987. - PRACTICE and PROCEDURE - error of law for purpose of s32 of Compensation Court Act 1984. Compensation Court Act 1984 (NSW) s32 LEGISLATION CITED : Workers Compensation Act 1926 s8(2) Workers Compensation Act 1987 s25; s26; ss79 to 82 Aafjes v Kearney (1976) 180 CLR 199 Ambulance Service of New South Wales v Daniel (2000) 19 NSWCCR 697 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bruest v Commissioner for Railways [1957] 31 WCR 131 Hodges v Scotts Provision Stores Pty Limited (1964) NSWR 887 CASES CITED : Holdlen Pty Ltd v Walsh (2000) 19 NSWCCR 629 Hope v the Council of the City of Bathurst (1980) 144 CLR 1 Jeffrey v Commissioner for Government Transport [1957] SR(NSW) 634 Khan v Terry Shields Toyota Pty Ltd (1990) 6 NSWCCR 233 McCafferty's Management Pty Ltd v Pimlott (1995) 12 NSWCCR 360 Potts v Niddrie & Benhar Coal Co Ltd [1913] A.C. 531 Warilla Timber & Hardware Pty Ltd v Newton (1995) 11 NSWCCR 546 PARTIES : Marianna SO (Appellant) Peter SO (Respondent) FILE NUMBER(S) : CA 40014/03 COUNSEL : G Little, SC/ M Crimmins (Appellant) P Maiden, SC (Respondent) SOLICITORS : Flynn Conn (Appellant) Timothy J Doubleday (Respondent)