Ralston v Burkinshaw [2002] NSWSC 542

Ralston v Burkinshaw [2002] NSWSC 542

The plaintiff was an employee of the defendant, not an independent contractor, because the defendant managed the shearing operation, paid the shearers individually by cheque according to sheep shorn, deducted taxation and superannuation, kept wage records, issued group certificates, and included shearers' wages in workers compensation declarations. Although the accident occurred before the 7.30am start time, the plaintiff was on the premises for the purposes of his employment, taking necessary equipment into the shearing shed under an existing contract of employment. Commercial Union was therefore liable to indemnify the defendant under the workers compensation policy, and Farmers Mutual...

Jurisdiction
Australia
Judgment Date
04 June 2002
Procedural Posture
Personal Injury Proceedings With Insurance Indemnity Cross Claims / Hearing of Cross Claim After Agreement Between Plaintiff and Defendant
Outcome
Commercial Union Workers Compensation (NSW) Limited held liable to indemnify the defendant; Farmers Mutual Insurance Limited held not liable; defendant entitled to costs against Commercial Union on an indemnity basis. Proceedings stood over for final orders.
Legal Topics
['workers Compensation Policy Indemnity' 'public Liability Policy Exclusion' 'employee or Independent Contractor' 'injury Before Commencement of Work' 'indemnity Costs Against Insurer']
['insurance' 'workers Compensation' 'employment Law' 'personal Injury' 'costs'] ['workers Compensation Policy Indemnity' 'public Liability Policy Exclusion' 'employee or Independent Contractor' 'injury Before Commencement of Work' 'indemnity Costs Against Insurer']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Personal Injury Proceedings With Insurance Indemnity Cross Claims / Hearing of Cross Claim After Agreement Between Plaintiff and Defendant

Legal Issues

  1. 1 ['Whether the plaintiff shearer was an employee of the defendant or an independent contractor.' "Whether the plaintiff's injury before the 7.30am starting time was within the workers compensation policy indemnity." 'Whether Commercial Union Workers Compensation (NSW) Limited or Farmers Mutual Insurance Limited was liable to indemnify the defendant.' 'Whether the defendant was entitled to costs against Commercial Union on an indemnity basis.']

Ratio Decidendi

The plaintiff was an employee of the defendant, not an independent contractor, because the defendant managed the shearing operation, paid the shearers individually by cheque according to sheep shorn, deducted taxation and superannuation, kept wage records, issued group certificates, and included shearers' wages in workers compensation declarations. Although the accident occurred before the 7.30am start time, the plaintiff was on the premises for the purposes of his employment, taking necessary equipment into the shearing shed under an existing contract of employment. Commercial Union was therefore liable to indemnify the defendant under the workers compensation policy, and Farmers Mutual...

Court Disposition

Commercial Union Workers Compensation (NSW) Limited held liable to indemnify the defendant; Farmers Mutual Insurance Limited held not liable; defendant entitled to costs against Commercial Union on an indemnity basis. Proceedings stood over for final orders.

Orders

  • ['Commercial Union Workers Compensation (NSW) Limited is liable under the policy for the defendant.' 'Farmers Mutual Insurance Limited is not liable under the policy held with it.' 'The defendant is entitled to his costs against Commercial Union on an indemnity basis.' 'Proceedings stood over until 10am tomorrow for...