Federal Court of Australia
Ker nerpsl Kegiswat _- CATCHWORDS
WORKMEN'S COMPENSATION ~ CONTRACTOR AGREEING TO FELL TREES ~ DEEMED EMPLOYEE = CERTAINTY OF TERMS OF SAID AGREEMENT.
WORKMEN'S COMPENSATION ORDINANCE 1951 (A.C.T.) S.6(3A).
IN THE MATTER of AN APPEAL from the SUPREME COURT of the AUSTRALIAN CAPITAL TERRITORY
BETWEEN WILLIAM JAMES BURMEISTER Appellant AND GORDON AUGUSTIN PRATT Respondent
No.12 of 1977
CORAM 3 SMITHERS, NIMMO and CONNOR JJ
Canberra
14 March 1978.
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Vonepst Kugatrar
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY 5 DISTRICT REGISTRY No.12 of 1977
GENERAL DIVISION
IN THE MATTER of
AN APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN WILLIAM JAMES BURMEISTER
1 Appellant
AND GORDON AUGUSTIN PRATT
Respondent
ORDER
JUDGES MAKING ORDER
SMITHERS, J.
NIMMO, J.
CONNOR, J. DATE OF ORDER 3 14 March 1978 WHERE MADE t Canberra
THE COURT ORDERS THAT (1) The Appeal be dismissed with costs}
(2) All Orders made by His Honour Mr. Justice Joske be upheld,
District Registrar Date Entered 3:
Vince ps! Keg shag
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No.12 of 1977
GENERAL DIVISION
IN THE MATTER of
AN APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN
WILLIAM JAMES BURMEISTER
Appellant AND ' GORDON AUGUSTIN PRATT Respondent REASONS FOR JUDGMENT SMITHERS,» J. NIMMO, J. 14 March 1978 Canberra
This is an appeal from a decision of Joske J. of the Supreme Court of the Australian Capital Territory reversing a decision of the Chief Stipendiary Magistrate of the Territory who dismissed an application for compensation under the Workmen's Compensation Ordinance 1951 (A.c.T.) brought by the present respondent, The application arose out of an injury sustained by the respondent on 1! December 1975 when a tree fell on him whilst he was working as a tree feller in the Kowen State' Forest in the Territory, The respondent claimed that he was carrying out work for the present appellant at the time and that because he was doing so under a contract to fell trees which he had
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