Dickinson v Chapman

[2022] NSWCA 2

Court of Appeal

Supreme Court

New South Wales

• Summary available

Medium Neutral Citation:

Dickinson v Chapman [2022] NSWCA 2

Hearing dates:

13 August 2021

Date of orders:

3 February 2022

Decision date:

03 February 2022

Before:

Basten JA at [1];
Macfarlan JA at [46];
McCallum JA at [47]

Decision:

(1)   Allow the appeal and set aside the judgment of the District Court, order 1 made on 18 December 2020 and order 1 made on 23 February 2021.

(2)   In lieu thereof,

(a)   dismiss the statement of claim dated 31 August 2017;

(b)   order that the plaintiff pay the defendants’ costs of the proceedings in the District Court.

(3)   Order that the respondent pay the appellants’ costs in this Court.

Catchwords:

CONTRACTS – formation – intention to create legal relations – agreement evidenced by course of conduct – regular rate of payment – record of hours worked – whether payment for work performed gave rise to contractual rights or obligations on a quantum meruit

TORTS – negligence – workplace injury – whether injured party a worker or deemed worker – whether work done under contract of employment – non-compliance with procedural requirements if claim for work injury damages – application of Workplace Injury Management and Workers Compensation Act 1998 (NSW), Sch 1, cl 2

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 91

Workers Compensation Act 1987 (NSW), s 66; Pt 5, Div 2

Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 5, 250; Sch 1, cl 2

Cases Cited:

Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424; [1954] HCA 20

Chapman v Dickinson [2018] NSWDC 359

Chapman v Dickinson [2020] NSWDC 269

Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95; [2002] HCA 8

Category:

Principal judgment

Parties:

Justin Dickinson (First Appellant)
Annette Patrick (Second Appellant)
Christopher Chapman (Respondent)

Representation:

Counsel:
Mr J Catsanos SC / Mr A Parker (Appellants)
Mr P Braham SC / Mr R Goodridge (Respondent)

Solicitors:
McInnes Wilson Lawyers (Appellants)
Firths the Compensation Lawyers (Respondent)

File Number(s):

2020/365141

 Decision under appeal 

Court or tribunal:

District Court

Jurisdiction:

Civil

Citation:

[2020] NSWDC 847

Date of Decision:

18 December 2020

Before:

P Taylor SC DCJ

File Number(s):

2017/265257

HEADNOTE

[This headnote is not to be read as part of the judgment]

The respondent (the plaintiff in the court below), Mr Christopher Chapman, completed odd jobs at two industrial yards from which the second appellant (the second defendant in the court below), Ms Annette Patrick, operated a heavy freight haulage business known as White Heavy Haulage.

On 1 September 2014, Mr Chapman’s left forearm was trapped in the closing jaws of a front-end loader and suffered a significant crush injury. The front-end loader was being operated by the first appellant (the first defendant in the court below), Mr Justin Dickinson, who was an employee of the business.

On 31 August 2017, Mr Chapman commenced proceedings in the District Court seeking damages in negligence, joining Mr Dickinson and…