SINANIAN v EKS CARPENTRY PTY LTD AND ANOR [1997] NSWCA 288

SINANIAN v EKS CARPENTRY PTY LTD AND ANOR [1997] NSWCA 288

The statutory scheme and s277(1) do not manifest a clear intention to bar a person in the appellant's position from recovering compensation under the Uninsured Liability and Indemnity Scheme; the seriousness of the breach, the nature of s277, and the availability of penal consequences weigh against imposing a civil forfeiture, and the matter should be remitted to the Compensation Court for assessment of quantum.

Parties
Appellant: URJ Sinanian; First Respondent: EKS Carpentry Pty Ltd; Second Respondent: WorkCover Authority of New South Wales
Jurisdiction
Australia
Judgment Date
05 September 1997
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Illegality in Compensation Claims, Public Policy in Workers Compensation, Proportionality of Sanction, Section 277(1) Offences, Entitlement Under Uninsured Liability and Indemnity Scheme
Workers Compensation Statutory Interpretation Illegality in Compensation Claims Public Policy in Workers Compensation Proportionality of Sanction Section 277(1) Offences Entitlement Under Uninsured Liability and Indemnity Scheme

Case Brief

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Parties

URJ Sinanian

Appellant

EKS Carpentry Pty Ltd

First Respondent

WorkCover Authority of New South Wales

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's involvement in the failure to insure the company in breach of s277(1) of the Workers Compensation Act 1987 disentitles him from claiming under the Uninsured Liability and Indemnity Scheme
  2. 2 Whether public policy bars recovery for an injured worker/director in circumstances where the employer (a one-man company) is uninsured and the claimant is responsible for failing to insure

Ratio Decidendi

The statutory scheme and s277(1) do not manifest a clear intention to bar a person in the appellant's position from recovering compensation under the Uninsured Liability and Indemnity Scheme; the seriousness of the breach, the nature of s277, and the availability of penal consequences weigh against imposing a civil forfeiture, and the matter should be remitted to the Compensation Court for assessment of quantum.

Court Disposition

Appeal allowed

Orders

  • Award of Compensation Court quashed
  • Matters returned to Compensation Court for determination as to quantum