Shaw v Bindaree Beef Pty Ltd [2007] NSWCA 125

Shaw v Bindaree Beef Pty Ltd [2007] NSWCA 125

By majority, Bindaree was Mr Shaw's employer under the training contract and for the purposes of the workers compensation legislation at the time of the injury. Although Yolarno Pty Ltd was named as employer in the training contract form, the objective circumstances showed that Bindaree's employment continued: the February employment contemplated a traineeship as part of that employment, nothing was said about changing employer, Mr Shaw continued the same work in Bindaree's load-out section, continued to be paid by Bindaree, and the naming of Yolarno arose without clear consciousness that it was to become the employer. The Apprenticeship and Traineeship Act 2001 did not compel a contrary...

Jurisdiction
Australia
Judgment Date
04 June 2007
Procedural Posture
Appeal From District Court Decision on Separate Questions in Personal Injury Proceedings / Court of Appeal; Special Leave Later Refused With Costs by the High Court on 16 November 2007
Outcome
Appeal dismissed with costs by majority; leave to amend the notice of appeal to add proposed ground 6 refused. Special leave to appeal to the High Court refused with costs on 16 November 2007.
Legal Topics
['identity of Employer' 'traineeship Contract' 'workers Compensation Common Law Damages Restrictions' 'objective Formation and Construction of Contracts' 'rectification and Mistake' 'estoppel on Appeal']
['personal Injury' 'workers Compensation' 'employment Law' 'contract Law'] ['identity of Employer' 'traineeship Contract' 'workers Compensation Common Law Damages Restrictions' 'objective Formation and Construction of Contracts' 'rectification and Mistake' 'estoppel on Appeal']

Case Brief

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Procedural Posture

Appeal From District Court Decision on Separate Questions in Personal Injury Proceedings / Court of Appeal; Special Leave Later Refused With Costs by the High Court on 16 November 2007

Legal Issues

  1. 1 ['Whether Bindaree Beef Pty Ltd was the employer of Mr Shaw for the purposes of workers compensation legislation at the date of injury on 11 July 2002.' 'Whether the Apprenticeship and Traineeship Act 2001 required Yolarno Pty Ltd to be treated as the employer because it was named in the training contract application form.' 'Whether the primary judge had impermissibly granted relief against mistake or rectified the training contract.' 'Whether Mr Shaw should have leave to add an estoppel ground of appeal.']

Ratio Decidendi

By majority, Bindaree was Mr Shaw's employer under the training contract and for the purposes of the workers compensation legislation at the time of the injury. Although Yolarno Pty Ltd was named as employer in the training contract form, the objective circumstances showed that Bindaree's employment continued: the February employment contemplated a traineeship as part of that employment, nothing was said about changing employer, Mr Shaw continued the same work in Bindaree's load-out section, continued to be paid by Bindaree, and the naming of Yolarno arose without clear consciousness that it was to become the employer. The Apprenticeship and Traineeship Act 2001 did not compel a contrary...

Court Disposition

Appeal dismissed with costs by majority; leave to amend the notice of appeal to add proposed ground 6 refused. Special leave to appeal to the High Court refused with costs on 16 November 2007.

Orders

  • ['Refuse leave to amend the notice of appeal to add the proposed ground 6.' 'Appeal dismissed with costs.']