Workers Compensation Nominal Insurer v Jamal

In Workers Compensation Nominal Insurer v Jamal, the Workers Compensation Nominal Insurer sought reimbursement from the defendant for payments made to an injured worker, following the defendant’s company’s failure to obtain workers compensation insurance in breach of s 155(1) of the Workers Compensation Act 1987. The defendant was the sole director of the company that employed the injured worker. The court was required to determine whether the company was an exempt employer, whether the defendant was a culpable director, whether the defendant was in a position to influence the conduct of the company in relation to the contravention, and whether the court had jurisdiction to hear and determine these issues. The court also had to consider the quantum of the reimbursement and whether the asserted deficiencies of the notices served under the Act limited the defendant’s liability.

The court found that the company was not an exempt employer and that the defendant was a culpable director. The defendant was in a position to influence the conduct of the company in relation to the contravention. The court held that it had jurisdiction to hear and determine these issues. The court found that the asserted deficiencies of the notices served under the Act did not limit the defendant’s liability. The court ordered judgment for the plaintiff for $258,565.75 with liberty to apply in relation to interest and/or costs. Exhibits were retained until further order.