Kerrie Moon t/as Moon Recruitment v Execom Software Pty Ltd t/as Execom Personnel

[2025] WADC 20

JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   KERRIE MOON t/as MOON RECRUITMENT -v- EXECOM SOFTWARE PTY LTD t/as EXECOM PERSONNEL [2025] WADC 20

CORAM:   SWEENEY DCJ

HEARD:   8 JUNE 2023

DELIVERED          :   3 APRIL 2025

FILE NO/S:   APP 65 of 2022

BETWEEN:   KERRIE MOON t/as MOON RECRUITMENT

Appellant

AND

EXECOM SOFTWARE PTY LTD t/as EXECOM PERSONNEL

First Respondent

ADAM HORNE

Second Respondent

ON APPEAL FROM:

Jurisdiction              :   WORKERS' COMPENSATION ARBITRATION SERVICE

Coram:   ARBITRATOR RUTHERFORD

File Number            :   A105048

Catchwords:

Workers' compensation - True employer case - Alleged error of law by arbitrator - Identity of employer - Misdescription of party

Legislation:

Workers' Compensation and Injury Management Act 1981 (WA), s 5, s 71

Result:

Leave to appeal refused in APP 65 of 2022 and related APP 66 of 2022

The court will hear from the parties as to the possible amendment of the appellant in both appeals prior to the making of final orders

Representation:

Counsel:

Appellant	:	Mr G R Hancy
First Respondent	:	Mr T Lampropoulos
Second Respondent	:	Mr R D McCabe

Solicitors:

Appellant	:	Hall & Wilcox (Perth)
First Respondent	:	HWL Ebsworth Lawyers (Perth)
Second Respondent	:	Foyle Legal

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

Moon Recruitment Pty Ltd v Execom Software Pty Ltd t/as Execom Personnel [2025] WADC 18

SWEENEY DCJ:

1. This and another related appeal, both from the decision of an arbitrator of the Workers' Compensation Arbitration Service, were heard concurrently in this court. 

2. In Moon Recruitment Pty Ltd v Execom Software Pty Ltd t/as Execom Personnel [2025] WADC 18, I published the reasons for decision in both appeals and those reasons and the conclusion reached are incorporated into this decision. Further submissions are required as to the final orders to be made.

I certify that the preceding paragraph(s) comprise the reasons for decision of the District Court of Western Australia.

DD

Associate to Judge Sweeney

2 APRIL 2025