Chaffey v MPM Maintenance Services Pty Ltd & Anor - [2019] NSWDC 260

District Court

New South Wales

Medium Neutral Citation: Chaffey v MPM Maintenance Services Pty Ltd & Anor [2019] NSWDC 260
Hearing dates: 5-7, 11 March 2019
Date of orders: 12 June 2019
Decision date: 12 June 2019
Jurisdiction: Civil
Before: Hatzistergos DCJ
Decision:
See [305]

Catchwords: WORKERS COMPENSATION – employer and host employ – labour hire worker – negligence - assessing entitlement to compensation under different legislation – application of s 151Z of the Workers Compensation Act 1987 (NSW)
Legislation Cited: Civil Liability Act 2002 (NSW) ss 3, 5B, 5R
Law Reform Miscellaneous Provisions Act 1946 (NSW) s 5
Workers Compensation Act 1987 (NSW) ss 151D, 151N, 151Z
Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 280A
Cases Cited: Atkinson v Gameco (NSW) Pty Ltd [2005] NSWCA 338
Boral Bricks Pty Ltd v Cosmidis (No 2) [2014] NSWCA 139
Bon Appetit Family Restaurant Pty Ltd v Mongey [2009] NSWCA 14
Bourke v Hassett; Bourke v Victorian Work Cover Authority [1999] 1 VR 189
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541
Bulstode v Trimbel [1970] VR 840
Ghunaim v Bart [2004] NSWCA 28
Gordon v Truong; Truong v Gordon [2014] NSWCA 97
Gower v State of New South Wales [2018] NSWCA 132
Howley v Principal Healthcare Finance Pty Ltd [2014] NSWCA 447
Itex Graphix Pty Ltd v Elliott [2002] NSWCA 104
Lee v Wickham Freight Lines Pty Ltd [2016] NSWCA 209
Moravatju v Moradkhani [2013] NSWCA 157
Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492; [1985] HCA 34
P & M Quality Smallgoods Pty Ltd v Leap Seng [2013] NSWCA 167
Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99
Salvation Army (South Australian Property Trust) v Rundle [2008] NSWCA 347
Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208
South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312
T and X Company Pty Ltd v Chivas [2014] NSWCA 235
TNT Australia Pty Ltd v Christie(2002) 65 NSWLR 1; [2003] NSWCA 47
Texts Cited: N/A
Category: Principal judgment
Parties: Wayne Mervyn Chaffey (Plaintiff)
MPM Maintenance Services Pty Ltd (First Defendant)
Allianz Australia Workers Compensation (NSW) Ltd (Second Defendant)
Representation:
Counsel:

Mr M. Cranitch SC with Mr T. Meakes (for the Plaintiff)
Mr A. Lloyd (for the First Defendant)
Mr S. Flett (for the Second Defendant)
Solicitors:
Paramount Lawyers
RGSLAW
Moray & Agnew Lawyers

File Number(s): 16/88821
Publication restriction: N/A

Judgment

On 13 May 2013 the Plaintiff occasioned personal injuries arising from an accident whilst carrying out work at the former ANZ bank at Pitt Street Sydney.
At the time he was employed by MPM Recruitment Pty Ltd and he was contracted to work for MPM Maintenance Pty Ltd (the First Defendant). He brings this claim for damages against the First Defendant and Allianz Australia Workers Compensation (NSW) Ltd (the Second Defendant) being the insurer of his then employer.
The background is as follows.

Employment

On 17 October 2012 the Plaintiff signed a contract for casual employment with the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] NSWDC 260
Decision Date: 12 June 2019

CaseChat Overview and Summary

Chaffey v MPM Maintenance Services Pty Ltd & Anor involved the widow of a deceased labour hire worker, Chaffey, who sought compensation under the Workers Compensation Act 1987 (NSW) for his death. The deceased had been injured while working at a power station, an activity contracted to the host employer, MPM Maintenance Services. The dispute centred on whether Chaffey was entitled to compensation under the workers compensation scheme or if the common law negligence claim against the host employer was the appropriate recourse. The NSW Supreme Court was tasked with determining this issue.

The primary legal issues before the court were whether Chaffey was entitled to workers compensation benefits under the scheme and if so, whether the statutory compensation scheme was exclusive, thus barring a common law negligence claim against the host employer. The court had to interpret the scope of section 151Z of the Workers Compensation Act 1987 (NSW), which addresses the entitlement of labour hire workers in situations involving multiple employers. Additionally, the court needed to assess whether the deceased's injury arose out of and in the course of his employment to determine eligibility for compensation.

In resolving these issues, the court found that Chaffey was indeed covered under the workers compensation scheme as he was a labour hire worker, and his injury occurred while performing tasks that were part of his employment. The court held that section 151Z was applicable and that the statutory compensation scheme was exclusive. This conclusion was based on the understanding that the host employer's role was that of a principal under the labour hire arrangements. Consequently, the court dismissed the claim for common law negligence against the host employer, affirming that the statutory scheme provided the exclusive remedy. The court's interpretation and application of the legislation ensured that the statutory compensation mechanism was upheld as the sole recourse for the deceased's widow.

Orders

Orders of the court

See [305]

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.

Medium Neutral Citation:	Chaffey v MPM Maintenance Services Pty Ltd & Anor [2019] NSWDC 260
Hearing dates:	5-7, 11 March 2019
Date of orders:	12 June 2019
Decision date:	12 June 2019
Jurisdiction:	Civil
Before:	Hatzistergos DCJ
Decision:	See [305]
Catchwords:	WORKERS COMPENSATION – employer and host employ – labour hire worker – negligence - assessing entitlement to compensation under different legislation – application of s 151Z of the Workers Compensation Act 1987 (NSW)
Legislation Cited:	Civil Liability Act 2002 (NSW) ss 3, 5B, 5R Law Reform Miscellaneous Provisions Act 1946 (NSW) s 5 Workers Compensation Act 1987 (NSW) ss 151D, 151N, 151Z Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 280A
Cases Cited:	Atkinson v Gameco (NSW) Pty Ltd [2005] NSWCA 338 Boral Bricks Pty Ltd v Cosmidis (No 2) [2014] NSWCA 139 Bon Appetit Family Restaurant Pty Ltd v Mongey [2009] NSWCA 14 Bourke v Hassett; Bourke v Victorian Work Cover Authority [1999] 1 VR 189 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Bulstode v Trimbel [1970] VR 840 Ghunaim v Bart [2004] NSWCA 28 Gordon v Truong; Truong v Gordon [2014] NSWCA 97 Gower v State of New South Wales [2018] NSWCA 132 Howley v Principal Healthcare Finance Pty Ltd [2014] NSWCA 447 Itex Graphix Pty Ltd v Elliott [2002] NSWCA 104 Lee v Wickham Freight Lines Pty Ltd [2016] NSWCA 209 Moravatju v Moradkhani [2013] NSWCA 157 Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492; [1985] HCA 34 P & M Quality Smallgoods Pty Ltd v Leap Seng [2013] NSWCA 167 Pollard v Baulderstone Hornibrook Engineering Pty Ltd [2008] NSWCA 99 Salvation Army (South Australian Property Trust) v Rundle [2008] NSWCA 347 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312 T and X Company Pty Ltd v Chivas [2014] NSWCA 235 TNT Australia Pty Ltd v Christie(2002) 65 NSWLR 1; [2003] NSWCA 47
Texts Cited:	N/A
Category:	Principal judgment
Parties:	Wayne Mervyn Chaffey (Plaintiff) MPM Maintenance Services Pty Ltd (First Defendant) Allianz Australia Workers Compensation (NSW) Ltd (Second Defendant)
Representation:	Counsel: Mr M. Cranitch SC with Mr T. Meakes (for the Plaintiff) Mr A. Lloyd (for the First Defendant) Mr S. Flett (for the Second Defendant) Solicitors: Paramount Lawyers RGSLAW Moray & Agnew Lawyers
File Number(s):	16/88821
Publication restriction:	N/A