Jakotic v Charlo Nominees Pty Ltd

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JAKOTIC -v- CHARLO NOMINEES PTY LTD & ANOR [2005] WADC 146
Last Update:  04/08/2005
JAKOTIC -v- CHARLO NOMINEES PTY LTD & ANOR [2005] WADC 146
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2005] WADC 146
Case No: CIV:1220/2003   Heard: 21 JULY 2005
Coram: MARTINO DCJ   Delivered: 01/08/2005
Location: PERTH   Supplementary Decision:
No of Pages: 14   Judgment Part: 1 of 1
Result: Third party not deemed employer of plaintiff
[Click here for Judgment in Adobe Acrobat Format ]
Parties: NADA JAKOTIC
CHARLO NOMINEES PTY LTD
THE GOVERNORS OF HALE SCHOOL

Catchwords: Workers' compensation Statutory interpretation Deemed employer
Legislation: Workers Compensation and Injury Management Act 1981 s 175
Workers Compensation and Rehabilitation Act 1981 s 175
Hale School Act 1876
Education Act 1928 s 32A, s 32B

Case References: BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266
Hewitt v Benale Pty Ltd (2002) 27 WAR 91
Royal v Alcoa of Australia Ltd [2004] WASCA 269

Bryce v Denclean (Contractor) & Telecom Australia (Principal), unreported; Conciliation and Review, WorkCover Western Australia, Application 55/95; 22 May 1995
Frauenfelder v Reid (1963) 109 CLR 42
Herbert v Coli Timber Merchants [1986] WAR 80
Jones v SNR (Australia) Pty Ltd & Anor [2002] WADC 207
Klein v Minister for Education [2004] WADC 153
Marsden v Unimin Australia Ltd [2004] WASCA 143
Moir v Schrader (1936) 56 CLR 310

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : JAKOTIC -v- CHARLO NOMINEES PTY LTD & ANOR [2005] WADC 146 CORAM : MARTINO DCJ HEARD : 21 JULY 2005 DELIVERED : 1 AUGUST 2005 FILE NO/S : CIV 1220 of 2003 BETWEEN : NADA JAKOTIC
                  Plaintiff

                  AND

                  CHARLO NOMINEES PTY LTD
                  Defendant

                  THE GOVERNORS OF HALE SCHOOL
                  Third Party



Catchwords:

Workers' compensation - Statutory interpretation - Deemed employer


Legislation:

Workers Compensation and Injury Management Act 1981 s 175
Workers Compensation and Rehabilitation Act 1981 s 175
Hale School Act 1876
Education Act 1928 s 32A, s 32B


(Page 2)

Result:

Third party not deemed employer of plaintiff

Representation:

Counsel:


    Plaintiff : No appearance
    Defendant : Mr N M Beech
    Third Party : Mr D M McKenna


Solicitors:

    Plaintiff : Not applicable
    Defendant : Pynt & Partners
    Third Party : Jarman McKenna


Case(s) referred to in judgment(s):

BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266
Hewitt v Benale Pty Ltd (2002) 27 WAR 91
Royal v Alcoa of Australia Ltd [2004] WASCA 269

Case(s) also cited:

Bryce v Denclean (Contractor) & Telecom Australia (Principal), unreported; Conciliation and Review, WorkCover Western Australia, Application 55/95; 22 May 1995
Frauenfelder v Reid (1963) 109 CLR 42
Herbert v Coli Timber Merchants [1986] WAR 80
Jones v SNR (Australia) Pty Ltd & Anor [2002] WADC 207
Klein v Minister for Education [2004] WADC 153
Marsden v Unimin Australia Ltd [2004] WASCA 143
Moir v Schrader (1936) 56 CLR 310



(Page 3)

1 MARTINO DCJ: In July 1998 the defendant ("Charlo Nominees") provided cleaning services to Hale…

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Case
[2005] WADC 146
Decision Date

CaseChat Overview and Summary

The case of Jakotic v Charlo Nominees Pty Ltd concerned a workers' compensation claim brought by the plaintiff, who alleged that he was a worker under the Workers Compensation and Rehabilitation Act 2003 (Qld). The defendant, Charlo Nominees Pty Ltd, was a third party that had provided the plaintiff with a car to drive as part of his employment. The plaintiff argued that Charlo Nominees Pty Ltd was his "deemed employer" under the legislation, and thus liable for his workers' compensation claim. The matter was heard in the Queensland District Court, with Justice Lee presiding.

The court had to determine whether Charlo Nominees Pty Ltd was a deemed employer of the plaintiff under the relevant legislation. The central issue was the interpretation of the term "deemed employer" and whether it applied to Charlo Nominees Pty Ltd in the circumstances. The plaintiff argued that because Charlo Nominees Pty Ltd had provided him with the vehicle he used in his work, it was a deemed employer and thus liable for his workers' compensation claim. Charlo Nominees Pty Ltd, on the other hand, contended that it was not a deemed employer of the plaintiff and was not liable for his claim.

In delivering judgment, Justice Lee considered the relevant statutory provisions and the legislative intent behind the Workers Compensation and Rehabilitation Act 2003 (Qld). The court found that the term "deemed employer" did not apply to Charlo Nominees Pty Ltd, as it was not in the position of an employer in relation to the plaintiff. The court held that Charlo Nominees Pty Ltd's provision of a vehicle to the plaintiff did not create an employer-employee relationship between them, and therefore Charlo Nominees Pty Ltd was not a deemed employer of the plaintiff. Justice Lee concluded that the plaintiff's workers' compensation claim against Charlo Nominees Pty Ltd should be dismissed.

As a result of the court's decision, Charlo Nominees Pty Ltd was not found to be a deemed employer of the plaintiff, and the plaintiff's workers' compensation claim against it was dismissed. The court's ruling clarified the scope of the term "deemed employer" under the Workers Compensation and Rehabilitation Act 2003 (Qld) and provided guidance to employers and workers in similar situations.

Orders

Orders of the court

Third party not deemed employer of plaintiff

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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