Coles Supermarkets Australia Pty Ltd v Ready Workforce (A Division of Chandler Macleod) Pty Ltd

[2018] NSWCA 140

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Indemnity of employer
3. › Recovery against stranger under s 151Z
4. › Whether employer established identity as worker's employer
5. › Whether person by whom compensation was paid entitled to indemnity
6. › Whether employer-tortfeasor precluded from claiming indemnity
7. › Workers Compensation Act 1987 (NSW), ss 151H, 151Z
1. Tort
2. › Negligence
3. › Breach of duty of care
4. › Safe system of work
5. › Warehouse cleaning system
6. › Whether evidence supported finding of breach
7. › Whether causation established
8. › Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D
1. Contract
2. › Indemnity clause
3. › Services agreement
4. › Whether costs of defending litigation incurred 'directly in connection with' subcontractor's negligence
1. Employment Law
2. › Identity of employer
3. › Labour hire arrangements
4. › Whether subsidiary or parent company was employer
5. › Indicia of employment relationship

Quick Take

A party claiming indemnity under s 151Z(1)(d) of the Workers Compensation Act 1987 (NSW) on the basis that a third party failed to provide a safe system of work bears the onus of adducing evidence of what precautions a reasonable person would have taken and that the failure to take those precautions caused the injury; the absence of evidence from the defendant about its systems does not relieve the claimant of that onus.