Merrick v Aaron John Shelley and Geoffrey David Swan trading as Nationwide Transport Solutions and Workers Compensation Nominal Insurer

Merrick commenced proceedings in the Workers Compensation Nominalist Appeal Tribunal against Aaron John Shelley and Geoffrey David Swan trading as Nationwide Transport Solutions and Workers Compensation Nominal Insurer. Merrick claimed compensation for a work-related injury sustained during his employment. The dispute centred on the interpretation of section 9AA of the Workers Compensation Act 1987 and whether the defendants' principal place of business was located in Queensland, thus making them subject to the Act. The defendants argued that their principal place of business was outside Queensland, negating their liability under the Act.

The legal issues before the court were whether section 9AA of the Workers Compensation Act 1987 applied to the defendants and, if so, the burden of proof required to establish the principal place of business of the defendants. Specifically, the court needed to determine whether the onus lay with the claimant to prove the location of the principal place of business or whether it was for the defendants to disprove it. Additionally, the court had to interpret the meaning of "principal place of business" under the Act and consider relevant evidence to ascertain its location.

The court found that section 9AA of the Act did apply to the defendants, confirming that their principal place of business was indeed in Queensland. The court held that the burden of proof rested on the claimant to establish the location of the principal place of business. After reviewing the evidence, the court determined that the defendants' principal place of business was in Queensland, thus affirming the decision of the Arbitrator dated 21 June 2010. The court made no order regarding the costs of the appeal.