Hatzipapas v Delta Global Group Pty Ltd

DISTRICT COURT OF QUEENSLAND

CITATION:

Hatzipapas v Delta Global Group Pty Ltd & Anor [2011] QDC 46

PARTIES:

Perry Hatzipapas
(Applicant)

V

Delta Global Group Pty Ltd
(First Respondent)

and

Steve Konstantinou
(Second Respondent)

FILE NO/S:

BD 1031 of 2011

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

Brisbane

DELIVERED ON:

15 April 2011

DELIVERED AT:

Brisbane

HEARING DATE:

8 April 2011

JUDGE:

Griffin SC, DCJ

ORDER:

The applications are dismissed.

COUNSEL:

R. Morgan for the Applicant

D. Atkinson for the Respondent

SOLICITORS:

Carter Capner Law for the Applicant

Barry Nilsson for the Respondent

[1]      By his application the applicant seeks:

(i) Leave to start a proceeding in the court despite non-compliance with chapter 2, parts 1 and 2 of the Personal Injuries Proceedings Act (“PIPA”) pursuant to section 43 of the Act;

(ii) Alternatively leave to commence proceedings against the respondents pursuant to section 59 of PIPA;

(iii)        An extension of time in which to commence proceedings pursuant to section 31 of the Limitations of Actions Act 1974.

History of the matter

[2]      The applicant was working at a food wholesale business and was asked by the second applicant to commence work for him on the basis that if the applicant had his own company and an ABN he would be able to claim expenses as tax deductions.  The applicant in fact caused a company to be incorporated and obtained an ABN and the first respondent entered into an agreement not with the applicant but the company which incorporated (Colossus Distributors Pty Ltd) although the effect of the arrangement was that the company would provide services of the applicant to Hellene Food Brokers, the business operated by the second respondent.  The arrangement provided that the applicant would visit the customers of that business for the purpose of selling them food products and would deliver weekly invoices to Hellene Food Brokers for a weekly sum from which the applicant would pay relevant car and telephone expenses. [1]

[1] See paragraph 4 of applicant’s affidavit

[3]      Relevantly, the arrangement which was made although not of employer/employee was none the less believed to be so by the applicant. 

[4]      On 29 April 2005 the applicant was injured whilst working at the Hellene premises when attempting to obtain a bag of milk powder he fell backwards from the ladder on which he was situated and fell to the floor.

[5]      On 20 September 2005 the applicant lodged a claim with WorkCover Queensland which was denied in January 2006.  On 18 September 2007 a review of the refusal was lodged with Q-COMP but was rejected in October 2007. 

[6]      In May 2010 the applicant’s solicitor referred him to Carter Capner Solicitors in relation to a potential personal injuries claim and was informed on 5 August 2010 that the applicant might have a claim against the respondents as occupiers of the premises.  By 15 November 2010 the applicant instructed those solicitors to prosecute his claim.

The Law

[7] Section 31(2) of the Limitation of Actions Act 1974