Francis v. Emijay Pty Ltd

Ronald James Francis, an employee of Emijay Pty Ltd, brought a claim against his employer for breach of contract after suffering an injury in the course of his employment. Francis was injured on 26 November 2001 at the premises of BHP Fine Wire Mill in Newcastle, New South Wales. Francis alleges that his employer failed to provide him with safe equipment, proper instructions, and a safe system of work, which led to his injury. The dispute in this case revolves around which state's insurance policy, if any, would cover the employer's liability for the employee's injury.

The primary legal issues in this case are determining the applicable law for the claim, whether the employer is required to insure against the injury under the Workers' Compensation Act 1987 (NSW), and whether the WorkCover Queensland Act 1996 (QLD) excludes the second respondent's obligation to indemnify the employer.

The court found that the proper law of the contract was the law of the State of Queensland, as the contract of employment had its closest and most real connection with Queensland. The court also found that pursuant to section 155(1) of the Workers' Compensation Act 1987 (NSW), the third respondent, QBE Workers' Compensation (NSW) Limited, is required to indemnify the first respondent, Emijay Pty Ltd, against any liability to the applicant arising from the incident on 26 November 2001. Finally, the court ruled that by reason of section 11(2)(b) of the WorkCover Queensland Act 1996 (QLD), the second respondent, WorkCover Queensland, is not obliged to indemnify the first respondent against liability to the applicant arising from the incident on 26 November 2001.

In summary, the court declared that the substantive law applicable to the applicant's claim and statement of claim is the law of the State of Queensland, that the third respondent is required to indemnify the first respondent against any liability to the applicant arising from the incident, and that the second respondent is not obliged to indemnify the first respondent against liability to the applicant arising from the incident.