Dickinson v Chapman

[2022] NSWCA 2

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Intention to create legal relations
4. › Objective assessment
5. › Agreement evidenced by course of conduct
6. › Regular rate of payment for work performed
7. › Whether payment for work gave rise to contractual rights or obligations on a quantum meruit
1. Workers Compensation
2. › Worker or deemed worker
3. › Contract of service
4. › Deemed worker provisions
5. › Work exceeding $10 in value pursuant to a contract
6. › Whether injured party a worker or deemed worker
7. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 5, Sch 1 cl 2
1. Torts
2. › Negligence
3. › Workplace injury
4. › Work injury damages
5. › Non-compliance with procedural requirements
6. › Whether plaintiff precluded from bringing common law negligence claim
7. › Workers Compensation Act 1987 (NSW), Pt 5 Div 2
8. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 250

Quick Take

Regular payment at an agreed hourly rate for work performed, even in informal arrangements without fixed hours, may objectively manifest a contractual relationship sufficient to engage workers compensation legislation.