| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2020 03382
| RYAN CAYFORD | Applicant |
| v | |
| LET DANNY DO IT PTY LTD (ACN 85 607 960 681) | Respondent |
---
JUDGE: | Gorton J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 9 September 2021 |
DATE OF JUDGMENT: | 29 October 2021 |
CASE MAY BE CITED AS: | Cayford v Let Danny Do It Pty Ltd |
MEDIUM NEUTRAL CITATION: | [2021] VSC 707 (First revision: 5 November 2021) |
---
ADMINISTRATIVE LAW – Appeal of decision of Magistrates’ Court of Victoria – Extension of time to appeal – Workplace injury – Whether Magistrate wrongly drew Jones v Dunkel inference – Whether Jones v Dunkel inference may be drawn in rejecting direct evidence of a witness – Where lack of contemporaneous evidence of injury – Criteria for establishing whether co-worker in employer’s camp or worker’s camp – Error of law established – Appeal allowed.
---
APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr AG Uren QC Mr SD Dawson | Rubicon Compensation Lawyers |
| For the Respondent | Mr R Kumar | Russell Kennedy |
TABLE OF CONTENTS
A. Introduction.................................................................................................................................. 1
B. Extension of time.......................................................................................................................... 2
C. Did the Magistrate draw a Jones v Dunkel inference against Mr Cayford that contributed to the decision to reject his evidence?................................................................................................. 2
D. Did the Magistrate err in law in drawing a Jones v Dunkel inference?............................ 4
D.1.The criteria for the drawing of an inference and Mr Cayford’s contentions.............. 4
D.2.Was the inference open in circumstances where Mr Cayford gave direct evidence that the respondent was challenging only by reference to inference?....................................... 5
D.3.Was it open to the Magistrate to conclude that Mr Symbardis was in Mr Cayford’s ‘camp’?................................................................................................................................................ 8
D.3.1.The interpretation of the criterion......................................................................... 9
D.3.2.Was the inference available here?....................................................................... 13
D.3.3.Final comment — onus in the third criterion.................................................... 16
E. The unnoticed statement........................................................................................................... 16
F. Disposition................................................................................................................................... 18
HIS HONOUR:
A. Introduction
Mr Cayford injured his left knee lifting heavy weights in a gym, that is, outside employment, in late 2014. He then worked as a furniture removalist for Let Danny Do It Pty Ltd, the respondent, between August and November 2015,[1] and then again between January 2017 and May 2018. The respondent was managed by Daniel Yates. Mr Cayford says that he suffered compensable injury[2] to his left knee in the course of this employment both in a specific incident on 14 March 2018 and by ‘gradual onset’ as a result of heavy work over time. The specific incident of injury was said to have occurred when he was lifting a heavy piece of furniture with a co-worker, Mr Symbardis. He claimed compensation from the respondent under the Workplace Injury Rehabilitation and Compensation Act 2013. His claim was rejected, and so Mr Cayford commenced a proceeding in the Magistrates’ Court of Victoria in which he sought to establish his entitlement to compensation. The respondent denied that Mr Cayford had injured his knee in his employment and contended that his symptoms were instead the result…
Keep reading for free
Create a free CaseChat account to read Cayford v Let Danny Do it Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2021] VSC 707
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Magistrate erred in drawing an inference from the absence of evidence regarding the injury, and whether such an inference could be drawn in the face of direct evidence from a witness. Additionally, the court had to determine the criteria for establishing whether a co-worker was in the employer's or the employee's camp and whether the Magistrate had erred in applying these criteria.
The court found that the Magistrate had indeed erred in drawing an inference in the absence of contemporaneous evidence of the injury, and that such an inference could not be drawn when direct evidence from a witness was available. The court clarified the criteria for determining whether a co-worker was in the employer's or employee's camp, and held that the Magistrate had applied these criteria incorrectly. As a result, the court concluded that an error of law had been established, and allowed the appeal.
The court ordered that the appeal be allowed, and the decision of the Magistrates' Court of Victoria be set aside. The matter was remitted back to the Magistrates' Court for reconsideration in light of the court's findings.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.