Allied Constructions Pty Limited v Norbedo

This matter came before the High Court of Australia on an application for special leave to appeal. The applicant, Allied Constructions Pty Limited, sought to challenge a decision of a lower court concerning the assessment of compensation. The respondent was Norbedo.

The central legal issue before the High Court was whether the lower courts had erred in their assessment of the quantum of compensation payable to the worker. Specifically, the applicant argued that the courts had impermissibly taken into account factors relating to the availability of work and the likelihood of the worker obtaining employment from another employer. The applicant contended that such considerations were outside the scope of the relevant legislation and not supported by established authority.

The applicant submitted that the assessment of a worker's worth should be based on the value of their labour itself, not on extraneous matters such as the potential for future employment. They relied on the principles established in *Cage Development* and other authorities, which dictate a flexible test for assessing labour worth, but one that is confined to the circumstances of the work performed. Furthermore, the applicant argued that the assessment below was flawed because it failed to adequately consider the established working hours and the nature of the worker's own established business.