KEMENY v GERGELY [1996] NSWCA 300

KEMENY v GERGELY [1996] NSWCA 300

The trial judge was entitled to accept the worker's evidence over that of the other witnesses, finding there was insufficient evidence to show the worker was regularly carrying on a trade or business at the relevant time; thus, he was a deemed worker under the Act and the appeal must be dismissed.

Parties
Appellant: URJ Kemeny; Respondent: Gergely
Jurisdiction
Australia
Judgment Date
15 April 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Deemed Worker, Schedule 1 CL2, Workers Compensation Act 1987, Contract of Service
Workers Compensation Deemed Worker Schedule 1 CL2 Workers Compensation Act 1987 Contract of Service

Case Brief

Summary, issues, holding and outcome

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Parties

URJ Kemeny

Appellant

Gergely

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether respondent was a deemed worker within Schedule 1 CL2 of the Workers Compensation Act 1987

Ratio Decidendi

The trial judge was entitled to accept the worker's evidence over that of the other witnesses, finding there was insufficient evidence to show the worker was regularly carrying on a trade or business at the relevant time; thus, he was a deemed worker under the Act and the appeal must be dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed with costs