DISTRICT COURT OF QUEENSLAND
CITATION:
Stankovic v SS Family Pty Ltd & Anor [2018] QDC 54
PARTIES:
MILJAN STANKOVIC (Plaintiff/Respondent)
v
SS FAMILY PTY LTD ACN 117 147 449 (Trading as “Trendbuild”) (Defendant/Applicant)
AND
WORKCOVER QUEENSLAND ABN 40 577 162 756 (Third Party/Respondent)
FILE NO/S:
3948/16
DIVISION:
Civil
PROCEEDING:
Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
20 April 2018
DELIVERED AT:
Brisbane
HEARING DATE:
6 February 2018
JUDGE:
Porter QC DCJ
ORDER:
1. The application filed by leave on 6 February 2018 is dismissed.
CATCHWORDS:
WORKERS’ COMPENSATION – INSURER’S LIABILITY TO INDEMNIFY IN A CLAIM FOR DAMAGES – where the insurer determines that a person is a worker to whom compensation is payable under the Act for an injury sustained by that person as a worker – where the insurer determines that the Work Related Impairment from the injury is less than 20% – where the worker elects to bring a claim for damages – whether the Act on its proper construction precludes the insurer from contending that the plaintiff in those proceedings is not a worker who has sustained an injury under the Act – whether the insurer is required to indemnify the defendant as an employer under the Act.
Legislation
Workers’ Compensation and Rehabilitation Act 2003 (Qld) (current as at 14 August 2012) ss. 4, 5, 8, 9, 10, 11, 30, 32, 46, 48, 108, 131, 132, 134, 135, 141, 168, 170, 178, 180, 184, 185, 186, 187, 188, 189, 233, 237, 239, 250, 254, 258, 262, 270, 275, 278, 278A, 279, 280, 281, 289, 292, 300, 305B, 305C, 305D, 538, 540, 541, 542, 544, 545, 548A, 556, 561Cases
Bonser v Melnacis [2002] 1 Qd R 1
Castillon v P&O Ports Limited [2006] 2 Qd R 220
Connor v Queensland Rail Limited [2016] QSC 270
Dey v Victorian Railways Commissioner (1949) 78 CLR 62
Francis v Emijay Pty Ltd [2006] 2 Qd R 5
Glenco Manufacturing Pty Ltd v Ferrari [2005] 2 Qd R 129
Hawthorne v Thiess Contractors Pty Ltd [2002] 2 Qd R 157
Karanfilov v Inghams Enterprises Pty Ltd [2001] 2 Qd R 273
Lomsargis v National Mutual Life Association of Australasia Limited [2005] 2 Qd R 295
Maurice Blackburn Cashman v Brown (2011) 242 CLR 647
Watkin v GRM International Pty Ltd [2007] 1 Qd R 389
Wilkinson v Stevensam P/L & Ors [2006] QCA 88
WingfootAustralia Partners Pty Ltd v Kocak (2013) 252 CLR 480
Witheyman v Simpson [2011] 1 Qd R 170COUNSEL:
M Grant-Taylor QC for the plaintiff
R J Douglas QC and K F Holyoak for the defendant
G W Diehm QC and C S Harding for the third party
SOLICITORS:
Slater & Gordon Lawyers for the plaintiff
Barry Nilsson for the defendant
DWF Legal for the third party
Introduction
If the Third Party (Workcover) determines that a person is a worker to whom compensation is payable under Chapters 3 and 4 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (the Act)…
Keep reading for free
Create a free CaseChat account to read Stankovic v SS Family Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] QDC 54
- Decision Date
CaseChat Overview and Summary
The court held that the Act on its proper construction did not preclude the insurer from contending that Stankovic was not a worker who had sustained an injury under the Act. The court also held that the insurer was not required to indemnify the employer as an employer under the Act, as the employer had not been found liable for the injury under the common law.
The court found that the insurer’s determination that Stankovic was a worker within the meaning of the Act did not automatically entitle him to compensation under the Act. The court also found that the insurer was not required to indemnify the employer as an employer under the Act, as the employer had not been found liable for the injury under the common law. The court held that the insurer was not required to indemnify the employer as an employer under the Act, as the employer had not been found liable for the injury under the common law.
The court dismissed the application filed by leave on 6 February 2018.
Orders
Orders of the court
1. The application filed by leave on 6 February 2018 is dismissed.
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
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.