PETKOVIC v LEHMAN BROTHERS PTY LTD [1991] NSWCA 223

PETKOVIC v LEHMAN BROTHERS PTY LTD [1991] NSWCA 223

The appellant, having regularly carried on his business as a tiler before and after September 1984, and having worked for the respondent incidentally to his independent business, had not altered his pattern of working and thus failed to establish he was a deemed worker; the trial judge's reasons, though briefly expressed, sufficiently disclosed his reasoning process for finding against the appellant.

Parties
Appellant: URJ Petkovic; Respondent: Lehman Brothers Pty Ltd
Jurisdiction
Australia
Judgment Date
14 October 1991
Procedural Posture
Workers Compensation Appeal / Appeal From Lower Court Decision
Outcome
Appeal dismissed with costs
Legal Topics
Worker Definition, Deemed Worker Status, Independent Contractor
Workers Compensation Worker Definition Deemed Worker Status Independent Contractor

Case Brief

Summary, issues, holding and outcome

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Parties

URJ Petkovic

Appellant

Lehman Brothers Pty Ltd

Respondent

Procedural Posture

Workers Compensation Appeal / Appeal From Lower Court Decision

Legal Issues

  1. 1 Whether the appellant was a deemed worker within the meaning of the Workers Compensation Act, 1926, s6(3A)

Ratio Decidendi

The appellant, having regularly carried on his business as a tiler before and after September 1984, and having worked for the respondent incidentally to his independent business, had not altered his pattern of working and thus failed to establish he was a deemed worker; the trial judge's reasons, though briefly expressed, sufficiently disclosed his reasoning process for finding against the appellant.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs