Coles Supermarkets Australia Pty Ltd v Ready Workforce (A Division of Chandler Macleod) Pty Ltd

This appeal concerned a dispute between Coles Supermarkets Australia Pty Ltd (Coles) and Ready Workforce (A Division of Chandler Macleod) Pty Ltd (Ready Workforce) before the New South Wales Court of Appeal. The primary dispute revolved around an indemnity claim brought by Ready Workforce against Coles under section 151Z of the *Workers Compensation Act 1987* (NSW). This claim arose from a situation where an employee of Ready Workforce suffered an injury and subsequently received workers compensation payments. Ready Workforce sought to recover these payments from Coles, alleging that Coles' negligence caused the employee's injury. The primary judge had made findings that were considered inconsistent regarding the identity of the employer and whether a duty of care was breached and causation established.

The Court of Appeal was required to determine whether the primary judge erred in finding that Ready Workforce was entitled to an indemnity from Coles. Specifically, the court had to consider the findings of negligence and causation in relation to the employee's injury, and whether the costs and expenses incurred by Ready Workforce in defending the litigation were a direct result of Coles' alleged negligence. The court also had to address the implications of the primary judge's inconsistent findings concerning the employer's identity.

The Court of Appeal allowed the appeal in part, finding that the primary judge had erred in entering judgment for Ready Workforce. The court set aside the judgment of $37,495.01 in favour of Ready Workforce and ordered that judgment be entered for Coles on Ready Workforce's claim. The court reasoned that the primary judge's inconsistent findings meant that the necessary elements for an indemnity under section 151Z of the *Workers Compensation Act 1987* (NSW) had not been established. Consequently, the court ordered that Ready Workforce pay Coles' costs of the trial and the appeal. The cross-appeal by Ready Workforce was dismissed.