Runcan v Svedala Australia Ltd

[2007] WASCA 126

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Workers Compensation
2. › Persons liable to pay compensation
3. › Deemed employer provisions
4. › Contract for execution of work
5. › Whether labour hire arrangements fall within s 175(1)
6. › Whether deemed employer entitled to protection of Pt IV Div 2
7. › Workers Compensation and Injury Management Act 1981 (WA), ss 5, 93B(5), 93C, 93D, 93E, 175
1. Practice and Procedure
2. › Pleadings
3. › Amendment of defence
4. › Leave to amend
5. › Whether amended defence manifestly untenable
6. › Whether appropriate to resolve legal questions at pleading stage when material facts uncertain
1. Appeal
2. › Interlocutory decisions
3. › Leave to appeal
4. › Whether basis shown for grant of leave
1. Practice and Procedure
2. › Precedent
3. › Intermediate appellate court
4. › Whether court should depart from its own previous decision
5. › Relevance of High Court's refusal of special leave
6. › Relevance of subsequent legislative amendment

Quick Take

Hewitt v Benale Pty Ltd remains binding authority that Pt IV, Div 2 of the Workers Compensation and Injury Management Act 1981 (WA) applies to common law damages claims against deemed employers under s 175(1), for causes of action arising before November 2004. The question whether contracts for the supply of labour only (as distinct from contracts for the execution of identified work) fall within s 175(1) remains unresolved.