STEPHAN v PACESETTER CLEANING SERVICES PTY LTD AND ANOR [1995] NSWCA 455
Based on the totality of evidence, it was inferred that a contract of service existed between the appellant and the company as of the relevant period, despite absence of written agreement or salary; accordingly, the appellant was a worker under the Workers Compensation Act 1987.
- Parties
- Appellant: Greg Stephan; Respondent: Pacesetter Cleaning Services Pty Ltd; Respondent: WorkCover Authority of New South Wales
- Jurisdiction
- Australia
- Judgment Date
- 28 July 1995
- Procedural Posture
- Appeal / Decision on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Contract of Service, Corporate Employment, Injury Compensation, Worker Status
Case Brief
Summary, issues, holding and outcome
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Parties
Greg Stephan
Appellant
Pacesetter Cleaning Services Pty Ltd
Respondent
WorkCover Authority of New South Wales
Respondent
Procedural Posture
Appeal / Decision on Appeal
Legal Issues
- 1 Whether the appellant was employed by the company as a 'worker' within the meaning of the Workers Compensation Act 1987 at the time of the injury
- 2 Whether a contract of service existed between the appellant and the company
Ratio Decidendi
Based on the totality of evidence, it was inferred that a contract of service existed between the appellant and the company as of the relevant period, despite absence of written agreement or salary; accordingly, the appellant was a worker under the Workers Compensation Act 1987.
Court Disposition
appeal allowed
Orders
- Award of the Compensation Court of New South Wales (Judge Thompson) set aside
- Proceedings remitted to the Compensation Court for determination of remaining issues
Full Case Text
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