Andonovski v Park-Tec Engineering Pty Ltd; Andonovski v East Realisations Pty Limited Formerly t/as Westbus Pty Ltd (No 5)
[2013] NSWSC 1964
•17 December 2013
Supreme Court
New South Wales
Medium Neutral Citation: Andonovski v Park-Tec Engineering Pty Ltd & Anor; Andonovski v East Realisations Pty Limited Formerly t/as Westbus Pty Ltd (No 5) [2013] NSWSC 1964 Hearing dates: 17/12/2013 Decision date: 17 December 2013 Jurisdiction: Common Law Before: Campbell J Decision: I admit the document as Exhibit 2D8
Catchwords: EVIDENCE - admissibility - no question of principle Category: Procedural and other rulings Parties: Vlado Andonovski (plaintiff in both matters)
Park-Tec Engineering Pty Ltd (first defendant in matter 2007/292845)
Barbeques Galore Pty Ltd (second defendant in matter 2007/292845)
East Realisations Pty Ltd (first defendant in matter 2008/316044)
RD Transport Services Pty Ltd (second defendant in matter 2008/316044)Representation: Counsel:
AJ Lidden SC with E Welsh and VM Sciglitano (plaintiff in both matters)
TA Berberian (first defendant in matter 2007/292845)
NJ Polin (second defendant in matter 2007/292845)
RA O'Keefe (first and second defendants in matter 2008/316044)
Solicitors:
Brydens (plaintiff in both matters)
HWL Ebsworth (first defendant in matter 2007/292845)
Stiles Lawyers Pty Ltd (second defendant in matter 2007/292845)
Vardanega Roberts (first and second defendants in matter 2008/316044)
File Number(s): 2007/292845 2008/316044
EX TEMPORE Judgment
Mr Polin has tendered a copy of documents relating to the renewal of a workers compensation policy, issued by Allianz Australia Workers Compensation NSW Limited to the first defendant Park-Tec Engineering Pty Ltd in respect of the period from 4pm, 30 June 2003 to 4pm, 30 June 2004, during which period the plaintiff suffered his injury.
Included amongst the tendered documents is a document headed "Renewal Declaration Form" and it describes the first defendant's business as including the manufacture of barbecues and heaters. In that form the first defendant declares it had a total annual wages bill, including employer contributions to superannuation, in the order of $3 million. From this no doubt it will be argued that a company that has no employees would have no need for a workers compensation policy, and that as workers compensation premiums are calculated on the past year's wages bill, subject to any expected variations, a wages bill of $3 million bespeaks a large workforce.
In my judgment this is in no way covered by the previous ruling I have made in relation to individual wage records concerning the plaintiff and I admit the document as Exhibit 2D8.
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Decision last updated: 07 January 2014
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