Ebb v Fast Fix Steel Fixing Pty Ltd

The appeal concerned a dispute between Mr Ebb (the appellant) and Fast Fix Steel Fixing Pty Ltd (the respondent). The core of the dispute revolved around whether Mr Ebb, who had suffered an injury, was a "deemed worker" for the purposes of the *Workers Compensation Act 1987* (NSW) and the *Workplace Injury Management and Workers Compensation Act 1998* (NSW). If he was a deemed worker, this would impact his ability to recover common law damages for his injury. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the Court were whether Mr Ebb qualified as a "deemed worker" under the relevant legislation, and if so, whether the restrictions on the recovery of common law damages for deemed workers, as stipulated in Part 5 of the *Workers Compensation Act 1987* and related provisions, applied to his situation. A further issue was whether leave should be granted to reopen an earlier decision of the Court, given the circumstances of the appeal.

The Court considered the factors relevant to granting leave to reopen an earlier decision, ultimately finding that such leave was not warranted in this instance. In relation to the central question of Mr Ebb's status, the Court analysed the legislative framework governing deemed workers and the conditions under which they could pursue common law damages. The Court's reasoning, which is not detailed in the provided text, led to the conclusion that Mr Ebb did not meet the criteria for a deemed worker in a manner that would permit him to recover common law damages under the applicable statutory restrictions.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the costs of the respondent.