Donolato v Denarval Pty Ltd Anors [2003] NSWCC 5

Donolato v Denarval Pty Ltd Anors [2003] NSWCC 5

The Compensation Court has jurisdiction in certain circumstances to determine disputes involving an uninsured employer and an insurer or insurance intermediary, but only where the statutory processes in s 144, s 145 and s 156A are followed. Because WorkCover had not joined Denarval under s 144 and the worker's claim had not yet been determined so as to permit reimbursement proceedings under s 145, Kintail's third party notice against Denarval was premature and had to be struck out.

Jurisdiction
Australia
Judgment Date
06 May 2003
Procedural Posture
Workers' Compensation Claim Involving an Uninsured Employer and a Third Party Notice Against an Insurance Broker / Notice of Motion by the Third Party to Strike Out the Third Party Notice
Outcome
Third party notice struck out; costs of the Notice of Motion, including counsel fees, ordered to be costs in the cause.
Legal Topics
['compensation Court Jurisdiction' 'uninsured Employer' 'third Party Notice' 'insurance Intermediaries' "workers' Compensation Insurance" 'reimbursement by Work Cover Authority']
["workers' Compensation" 'insurance' 'civil Procedure' 'jurisdiction'] ['compensation Court Jurisdiction' 'uninsured Employer' 'third Party Notice' 'insurance Intermediaries' "workers' Compensation Insurance" 'reimbursement by Work Cover Authority']

Case Brief

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Procedural Posture

Workers' Compensation Claim Involving an Uninsured Employer and a Third Party Notice Against an Insurance Broker / Notice of Motion by the Third Party to Strike Out the Third Party Notice

Legal Issues

  1. 1 ["Whether the Compensation Court had jurisdiction to determine issues raised by an uninsured employer's third party notice against an insurance broker." "Whether Denarval Pty Ltd could be joined at this stage under s 156A of the Workers' Compensation Act in proceedings concerning failure to obtain workers' compensation insurance." 'Whether the third party notice was premature because the statutory process under s 144 or s 145 had not been followed.']

Ratio Decidendi

The Compensation Court has jurisdiction in certain circumstances to determine disputes involving an uninsured employer and an insurer or insurance intermediary, but only where the statutory processes in s 144, s 145 and s 156A are followed. Because WorkCover had not joined Denarval under s 144 and the worker's claim had not yet been determined so as to permit reimbursement proceedings under s 145, Kintail's third party notice against Denarval was premature and had to be struck out.

Court Disposition

Third party notice struck out; costs of the Notice of Motion, including counsel fees, ordered to be costs in the cause.

Orders

  • ['The third party notice is struck out.' 'Costs of the Notice of Motion, including counsel fees, are costs in the cause.']