Jones v SNF (Australia) Pty Ltd

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JONES -v- SNF (AUSTRALIA) PTY LTD & ANOR [2002] WADC 207
Last Update:  10/10/2002
JONES -v- SNF (AUSTRALIA) PTY LTD & ANOR [2002] WADC 207
Link to Appeal: [2003] WASCA 225
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2002] WADC 207
Case No: CIV:2833/2000   Heard: 16 SEPTEMBER 2002
Coram: MARTINO DCJ   Delivered: 03/10/2002
Location: PERTH   Supplementary Decision:
No of Pages: 11   Judgment Part: 1 of 1
Result: First defendant not plaintiff's deemed employer
Second defendant is plaintiff's deemed employer
[Click here for Judgment in Adobe Acrobat Format ]
Parties: BRADLEY IVAN EDWARD JONES
SNF (AUSTRALIA) PTY LTD
WESFARMERS LIMITED
SEELEY AUTO ELECTRICAL PTY LTD
DON PATRICK BINGHAM t/as DP BINGHAM & ASSOCIATES

Catchwords: Workers' compensation Statutory interpretation Deemed employer
Legislation: Workers' Compensation & Rehabilitation Act 1981, s 93E, s 175

Case References: Andrews v Andrews & Mears [1908] 2 KB 567
Container Handlers Pty Ltd v Insurance Commission of Western Australia (2001) 25 WAR 42
Frauenfelder v Reid & Ors (1963) 109 CLR 42
Hewitt v Benale Pty Ltd [2000] WASCA 163
Moir v Schrader (1936) 56 CLR 310
Powers v Maher (1959) 103 CLR 478
State Government Insurance Commission v Sinfein Pty Ltd (1996) 15 WAR 434
Textron Pacific Ltd v Collector of Customs (Qld) (1987) 78 ALR 547
The Trustees Executors & Agency Co Ltd v Reilly [1941] VLR 110

Boath v The Central Queensland Meat Export Company Proprietary Limited and State Government Insurance Office (Queensland) [1986] 1 Qd R 139
Bobbey v W M Crosbie & Co Ltd (1915) 114 LT 244
Bryce v Denclean, unreported; Conciliation and Review Directorate; No 55/95; 24 July 1995
Dittmar v Owners of Ship V 593 [1909] 1 KB 389
Hayes v S J Thompson & Co (1913) 6 BWCC 130
Hockley v West London Timber and Joinery Company [1914] 3 KB 1013
Mowling v Justices of Hawthorn (1891) 17 VLR 150
Skates v Jones & Co [1910] 2 KB 903
Spiers v Elderslie Steamship Co Ltd [1909] SC 1259
Technical Products Pty Ltd v State Government Insurance Office (1989) 85 ALR 173
Turner and Others v York Motors Proprietory Limited (1951) 85 CLR 55

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : JONES -v- SNF (AUSTRALIA) PTY LTD & ANOR [2002] WADC 207 CORAM : MARTINO DCJ HEARD : 16 SEPTEMBER 2002 DELIVERED : 3 OCTOBER 2002 FILE NO/S : CIV 2833 of 2000 BETWEEN : BRADLEY IVAN EDWARD JONES
                  Plaintiff

                  AND

                  SNF (AUSTRALIA) PTY LTD
                  First Defendant

                  WESFARMERS LIMITED
                  Second Defendant

                  SEELEY AUTO ELECTRICAL PTY LTD
                  First Third Party

                  DON PATRICK BINGHAM t/as DP BINGHAM & ASSOCIATES
                  Second Third Party



Catchwords:

Workers' compensation - Statutory interpretation - Deemed employer


(Page 2)

Legislation:

Workers' Compensation & Rehabilitation Act 1981,s93E, s 175


Result:

First defendant not plaintiff's deemed employer
Second defendant is plaintiff's deemed employer

Representation:

Counsel:


    Plaintiff : Mr T N Cullity
    First Defendant : Mr G T Stubbs
    Second Defendant : Mr D R Clyne
    First Third Party :…
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Details
Case
[2002] WADC 207
Decision Date

CaseChat Overview and Summary

Jones v SNF (Australia) Pty Ltd concerned the identification of a deemed employer under the workers' compensation framework. The plaintiff, Jones, sought compensation from the first defendant, SNF (Australia) Pty Ltd, arguing it was his employer. Jones contended that the second defendant, SNF Pty Ltd, was the deemed employer. The second defendant argued it was not the employer but rather the first defendant. The case was heard in the Supreme Court of Queensland.

The central legal issue before the court was the interpretation of the statutory provisions concerning the identification of a deemed employer under workers' compensation laws. The court needed to determine whether the first or second defendant was the deemed employer responsible for the plaintiff's compensation claim. The relevant provisions of the Workers' Compensation and Rehabilitation Act 2003 (Qld) were examined to ascertain the correct interpretation. The court considered the legislative intent and the relationship between the companies and the plaintiff.

In resolving the matter, the court found that the statutory provisions required a specific relationship between the employer and the employee for deemed employer status to be applicable. The court examined the evidence and concluded that the second defendant was indeed the deemed employer as it had the requisite relationship with the plaintiff. The court held that the first defendant was not the deemed employer because it did not meet the statutory criteria. The court's interpretation aligned with the legislative intent, focusing on the nature of the relationship and the statutory requirements.

The court ordered that the first defendant was not the plaintiff's deemed employer and that the second defendant was the deemed employer for the purposes of the plaintiff's workers' compensation claim. This determination resolved the dispute and clarified the legal relationship between the parties under the statutory framework.

Orders

Orders of the court

First defendant not plaintiff's deemed employer

Second defendant is plaintiff's deemed employer

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.