Workers Compensation Nominal Insurer v Arab

The Workers Compensation Nominal Insurer brought a claim against the defendant, Arab, who was the director of an uninsured company. The insurer sought to recover amounts paid out under a workers’ compensation claim against the company, alleging that Arab was a culpable director of the uninsured company. The defendant filed an application to set aside a default judgment entered against him, arguing that there were triable issues in the case.

The court had to determine whether there was a triable issue in the defendant’s application to set aside the default judgment. The key issue was whether the insurer had made out a prima facie case against the defendant as a culpable director. The court considered the evidence presented by the insurer, including the statutory presumptions under the applicable workers’ compensation legislation, and the defendant’s submissions in his application.

The court found that there was a triable issue regarding the defendant’s culpability as a director. The statutory presumptions did not automatically establish his culpability, and there were factual disputes that needed to be resolved at a hearing. The court held that the defendant had demonstrated a real prospect of successfully defending the claim, and therefore, the application to set aside the default judgment should be granted. The court ordered that the default judgment be set aside and that the matter proceed to a hearing.

The court further ordered that the defendant’s application for costs be assessed on the standard basis, and that the parties bear their own costs of the application to set aside the default judgment. The court also directed that the matter be listed for a directions hearing to determine the timetable for the hearing of the merits of the claim.