GRAHAM v CHICK [1995] NSWCA 182

GRAHAM v CHICK [1995] NSWCA 182

On the evidence, Moran CCJ was correct to find that the appellant remained an independent contractor and not a worker employed by the respondent; the indicia relied on by the appellant did not establish an employment relationship under the Workers Compensation Act 1987.

Parties
Appellant: John Campbell Graham; Respondent: Bruce Chick
Jurisdiction
Australia
Judgment Date
28 July 1995
Procedural Posture
Workers' Compensation Appeal / Court of Appeal, Appeal From Compensation Court
Outcome
Appeal dismissed with costs.
Legal Topics
Contract of Service, Independent Contractor, Definition of 'worker' Under Workers Compensation Act 1987
Workers' Compensation Employment Law Contract of Service Independent Contractor Definition of 'worker' Under Workers Compensation Act 1987

Case Brief

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Parties

John Campbell Graham

Appellant

Bruce Chick

Respondent

Procedural Posture

Workers' Compensation Appeal / Court of Appeal, Appeal From Compensation Court

Legal Issues

  1. 1 Whether the appellant was a 'worker' within the meaning of the Workers Compensation Act 1987
  2. 2 Whether the appellant had an employment relationship or was an independent contractor

Ratio Decidendi

On the evidence, Moran CCJ was correct to find that the appellant remained an independent contractor and not a worker employed by the respondent; the indicia relied on by the appellant did not establish an employment relationship under the Workers Compensation Act 1987.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed
  • Respondent to pay costs