South Sydney Junior Rugby League Club Ltd v Gazis

The appeal concerned a claim for damages for a workplace injury brought by Ross Gazis against South Sydney Junior Rugby League Club Ltd. The primary dispute revolved around whether Mr Gazis was an employee of the Club, a sub-contractor, or engaged under a labour hire agreement, and consequently, the extent of the Club's liability for his injuries. The matter was heard in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether Mr Gazis was an employee of the Club, and if not, whether the Club owed him a duty of care as an occupier of the premises where the injury occurred. Further issues included whether the Club breached any duty of care owed to Mr Gazis, whether such a breach caused his injury, and whether the Club's contractor's insurance policy responded to the claim. The Court also considered the application of section 5B of the *Civil Liability Act 2002* (NSW) regarding the foreseeability and significance of the risk of injury.

The Court of Appeal allowed the appeal by South Sydney Junior Rugby League Club Ltd and the Workers Compensation Nominal Insurer. It found that Mr Gazis was not an employee of the Club and that the Club did not owe him a duty of care in the capacity of an occupier that was breached. Consequently, the Court set aside the judgment and orders made in the Common Law Division, dismissing Mr Gazis's proceedings against the Club and ordering him to pay the Club's costs at trial. The Court also ordered Mr Gazis to pay the costs of the appellants in the Court of Appeal, granting him a certificate under the *Suitors’ Fund Act 1951* (NSW) for those costs.