FRANK R WOLSTENHOLME PTY LTD v DAVIS [1995] NSWCA 155

FRANK R WOLSTENHOLME PTY LTD v DAVIS [1995] NSWCA 155

The Court determined that the employer's statement introducing a two-week trial period constituted a counter-offer, which was accepted by the worker with acceptance received in Queensland; therefore, the contract of employment was formed in Queensland, not in New South Wales, and the preconditions for the operation of s13(1) of the Workers Compensation Act 1987 (NSW) were not established. The proposed amendment to the notice of appeal was refused as the issue could have called for evidence at trial.

Parties
Appellant: Frank R Wolstenholme Pty Ltd; Respondent: John Davis
Jurisdiction
Australia
Judgment Date
28 July 1995
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Place of Contract Formation, Offer and Acceptance, Counter Offer, Interpretation of Employment Contracts, Application of Workers Compensation Act 1987 (nsw), Leave to Amend Notice of Appeal, Procedural Fairness in Appeals
Workers' Compensation Contract Place of Contract Formation Offer and Acceptance Counter Offer Interpretation of Employment Contracts Application of Workers Compensation Act 1987 (nsw) Leave to Amend Notice of Appeal +1 more

Case Brief

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Parties

Frank R Wolstenholme Pty Ltd

Appellant

John Davis

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a contract of employment was formed in New South Wales or Queensland for the purposes of the Workers Compensation Act 1987 (NSW), s 13(1)
  2. 2 Whether the critical telephone conversation amounted to an offer and acceptance and, if so, the location of such acceptance
  3. 3 Whether the employer's statement constituted a counter-offer

Ratio Decidendi

The Court determined that the employer's statement introducing a two-week trial period constituted a counter-offer, which was accepted by the worker with acceptance received in Queensland; therefore, the contract of employment was formed in Queensland, not in New South Wales, and the preconditions for the operation of s13(1) of the Workers Compensation Act 1987 (NSW) were not established. The proposed amendment to the notice of appeal was refused as the issue could have called for evidence at trial.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Set aside the award in favour of the respondent in the Compensation Court of New South Wales