JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: GREENAWAY -v- PRESTIGE HELICOPTERS PTY LTD [2020] WADC 159
CORAM: FLYNN DCJ
HEARD: 25 SEPTEMBER 2020
DELIVERED : 11 DECEMBER 2020
FILE NO/S: APP 9 of 2020
BETWEEN: SHARYN GREENAWAY
Appellant
AND
PRESTIGE HELICOPTERS PTY LTD
Respondent
ON APPEAL FROM:
Jurisdiction : WORKERS' COMPENSATION ARBITRATION SERVICE (WA)
Coram: ARBITRATOR RUTHERFORD
File Number : A39036
Catchwords:
Workers' compensation - Leave to appeal - Whether inferences drawn by arbitrator were reasonably open - Adequacy of reasons - Turns on own facts - Workers' Compensation and Injury Management Act 1981 (WA) interaction of s 10A 'working director' with s 175 'deemed employers'
Legislation:
Civil Aviation Act 1988 (Cth), pt III, div 2
Workers' Compensation and Injury Management Act 1981 (WA), s 3, s 3(a), s 4, s 4(2)(a), s 5, s 7, s 7(1), s 8, s 9, s 10A, s 11A(2), s 14(2a), s 18, s 72E, s 160, s 160A, s 160(2a), s 160(3), s 175, s 213(4), s 247(5), s 247(6), s 247(7)
Result:
Leave to appeal is refused except in relation to ground of appeal number 5 of the Amended Appeal Notice.
Appeal dismissed.
Representation:
Counsel:
| Appellant | : | Mr G Droppert SC |
| Respondent | : | Mr D M G Burton |
Solicitors:
| Appellant | : | WA Legal Pty Ltd |
| Respondent | : | McCabe Curwood |
Case(s) referred to in decision(s):
AK v The State of Western Australia [2008] HCA 8; (2008) 232 CLR 438
BHP Billiton Iron Ore Pty Ltd v Brady [2008] WASCA 250
Cape Australia Holdings Pty Ltd v Burridge [2019] WADC 105
CFC Consolidated Pty Ltd v Armet [2020] WADC 85
Greenaway v Prestige Helicopters Pty Ltd (Unreported, Workers' Compensation Arbitration Service, A39036, 10 January 2020)
Hope v Bathurst City Council [1980] HCA 16
Lederberger v Mediterranean Olives Financial Pty Ltd [2012] VSCA 262
Leighton Contractors Pty Ltd v Panizza (Unreported, WASC, Library No 950562, 19 October 1995)
Luckins (Receiver & Manager of Australian Trailways Pty Ltd) v Highway Motel (Carnarvon) Pty Ltd [1975] HCA 50
Mohammadi v Bethune [2018] WASCA 98
Mount Lawley Pty Ltd v Western Australian Planning Commission [2004] WASCA 149; (2004) 29 WAR 273
Pacific Industrial Co v Jakovljevic [2008] WASCA 60
FLYNN DCJ:
Mr Timothy Greenaway died when the crop dusting aircraft that he was piloting crashed on 14 September 2010. He is survived by his wife, the appellant, and their two children. The Workers' Compensation and Injury Management Act 1981 (WA) (the Act) provides that if 'an injury to a worker occurs and the worker dies, the employer is liable to pay compensation' in accordance with the Act.[1] The Act also provides that the dependent family of a deceased worker, including a partner and children, are entitled to compensation as prescribed and the claim is to be made on the worker's employer.[2] The appellant and the children made a claim for compensation…
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- Case
- [2020] WADC 159
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the arbitrator's conclusions were supported by the evidence and whether the reasons given were adequate. This involved assessing the interaction between section 10A, which defines a 'working director', and section 175, which defines 'deemed employers', under the Workers' Compensation and Injury Management Act 1981 (WA). The court had to examine if the statutory interaction was properly applied and if the inferences drawn by the arbitrator were justified.
The court found that the arbitrator's conclusions were reasonably open on the evidence, and the reasons provided were adequate. The court concluded that the statutory interaction was correctly applied, and the inferences drawn were justified. The reasoning of the arbitrator was found to be sound, and the court upheld the decision of the arbitrator, dismissing the appeal. The decision underscored the importance of the arbitrator's reasoning aligning with the statutory framework and the evidence presented.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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