Raniere Holdings P/L v Daley & Anor

[2005] NSWCA 121

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Uninsured Liability and Indemnity Scheme
3. › Reimbursement of WorkCover Authority Fund
4. › Power to order reimbursement under s 144(5)
5. › Whether employer's liability must first be determined or agreed
6. › Whether settlement between worker and Authority sufficient
7. › Workers Compensation Act 1987 (NSW), ss 140, 141, 143, 144, 145
1. Workers Compensation
2. › Uninsured Liability and Indemnity Scheme
3. › Reimbursement of WorkCover Authority Fund
4. › Scope of reimbursement order
5. › Whether costs of Authority included
6. › Workers Compensation Act 1987 (NSW), ss 144(5), 145
1. Practice and Procedure
2. › Procedural fairness
3. › Settlement between co-respondents
4. › Rights of non-settling party
5. › Whether employer denied opportunity to contest liability

Quick Take

Under s 144(5) of the Workers Compensation Act 1987, the Compensation Court cannot order an uninsured employer to reimburse the WorkCover Authority Fund unless the employer's liability to pay compensation to the injured worker has been determined by the court or agreed by the employer. A settlement between the worker and the Authority to which the employer is not a party is insufficient, and the reasonableness of such a settlement is irrelevant. Reimbursement is confined to amounts paid to the worker and does not extend to the Authority's costs of defending the claim.