MARSDEN -v- UNIMIN AUSTRALIA LTD [2004] WASCA 143
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 143 | |
| THE FULL COURT (WA) | |||
| Case No: | FUL:51/2003 | 18 NOVEMBER 2003 | |
| Coram: | MILLER J MCKECHNIE J WALLWORK AJ | 30/06/04 | |
| 34 | Judgment Part: | 1 of 1 | |
| Result: | Appeals dismissed | ||
| A | |||
| PDF Version |
| Parties: | ALAN DAVID MARSDEN UNIMIN AUSTRALIA LTD JOHN IVOR PRICE RESOLUTE RESOURCES LTD |
Catchwords: | Workers compensation Labour hire contract Whether principal deemed employer Whether work directly part or process in the trade or business of the employer |
Legislation: | Workers' Compensation and Rehabilitation Act 1981 (WA), s 175, s 175(3) |
Case References: | Commercial Union v Ferrcom (1991) 2 NSWLR 389 Frauenfelder v Reid (1963) 109 CLR 42 Hewitt v Benale Pty Ltd [2002] WASCA 163; (2002) 27 WAR 91 Jones v Dunkel (1959) 101 CLR 298 Jones v Wesfarmers Ltd [2003] WASCA 225 WMC Resources Ltd v Koljibabic (2002) 27 WAR 91 Warren v Coombes (1979) 142 CLR 531 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : MARSDEN -v- UNIMIN AUSTRALIA LTD [2004] WASCA 143 CORAM : MILLER J
- MCKECHNIE J
WALLWORK AJ
- Appellant
AND
UNIMIN AUSTRALIA LTD
Respondent
- Appellant
AND
RESOLUTE RESOURCES LTD
Respondent
(Page 2)
ON APPEAL FROM:
For File No: FUL 51 of 2003
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : FENBURY DCJ
Citation Number : [2003] WADC 61
For File No: FUL 171 of 2002
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : COMMISSIONER GREAVES
Citation Number : [2002] WADC 235
Catchwords:
Workers compensation - Labour hire contract - Whether principal deemed employer - Whether work directly part or process in the trade or business of the employer
Legislation:
Workers' Compensation and Rehabilitation Act 1981 (WA), s 175, s 175(3)
Result:
Appeals dismissed
(Page 3)
Category: A
Representation:
FUL 51 of 2003
Counsel:
Appellant : Mr J R Criddle
Respondent : Mr H M O'Sullivan
Solicitors:
Appellant : Bradford & Co
Respondent : Srdarov Richards Burton
FUL 171 of 2002
Counsel:
Appellant : Mr J R Criddle
Respondent : Mr D R Clyne & Ms S T Turner
Solicitors:
Appellant : Bradford & Co
Respondent : Mallesons Stephen Jaques
Case(s) referred to in judgment(s):
Commercial Union v Ferrcom (1991) 2 NSWLR 389
Frauenfelder v Reid (1963) 109 CLR 42
Hewitt v Benale Pty Ltd [2002] WASCA 163; (2002) 27 WAR 91
Jones v Dunkel (1959) 101 CLR 298
Jones v Wesfarmers Ltd [2003] WASCA 225
WMC Resources Ltd v Koljibabic (2002) 27 WAR 91
Case(s) also cited:
Warren v Coombes (1979) 142 CLR 531
(Page 4)
- MILLER & MCKECHNIE JJ:
Introduction
1 The facts of each case are set out by Wallwork AJ.
2 Although some distinct issues are also…
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- Case
- [2004] WASCA 143
- Decision Date
CaseChat Overview and Summary
The Court examined the nature of the work Marsden performed and its relation to Unimin's business. It considered whether the labour hire arrangement obscured the true employer-employee relationship and whether Unimin exercised sufficient control over Marsden's work to deem it part of its business. The Court noted that while the labour hire company was the direct employer, the extent of Unimin's control and the integration of Marsden's work into Unimin's operations were crucial. The Court concluded that the labour hire company was the employer, as Unimin did not exert the requisite level of control over Marsden's work, and the work was not a direct part of Unimin's business.
As a result, the Court found that Unimin was not liable for Marsden's workers' compensation claim. The Court dismissed Marsden's appeal and upheld the decision of the lower court. The final orders of the Court were that the appeals were dismissed, and Unimin Australia Ltd was not deemed the employer for the purposes of the workers' compensation claim.
Orders
Orders of the court
Appeals dismissed
Background
Background to the litigation
Full text does not contain this section.
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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