Aurora Energy Pty Ltd v Commonwealth of Australia [2006] FCA 143

FEDERAL COURT OF AUSTRALIA

Aurora Energy Pty Ltd v Commonwealth of Australia [2006] FCA 143 CONTRACT – workplace injury – rehabilitation program with host employer – wages paid by original employer – work trial agreement prepared by original employer and forwarded to host employer but not signed by the latter – second injury while worker working for host employer – common law action brought by worker against host employer – whether unsigned work trial agreements formed part of contract – whether construction of term in contract required original employer liable to indemnify host employer

Safety, Rehabilitation and Compensation Act 1988 (Cth), s 45 Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR 11,110 at 11,117-11,118 applied Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153 at [74]-[77] applied Damevski v Giudice (2003) 133 FCR 438 at [82]-[88] applied Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 at 347-352 cited Coghlan v S H Lock (Australia) Ltd (1987) 8 NSWLR 88 at 92 cited Andar Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424 at [19] cited Halford v Price (1960) 105 CLR 23 at 30, 34, 40, 41 cited AURORA ENERGY PTY LTD v THE COMMONWEALTH OF AUSTRALIA & COMCARE HEEREY J 24 FEBRUARY 2006 MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD 3 OF 2005

BETWEEN: AURORA ENERGY PTY LTD

PLAINTIFF AND: THE COMMONWEALTH OF AUSTRALIA

FIRST DEFENDANT

COMCARE

SECOND DEFENDANT

JUDGE: HEEREY J

DATE OF ORDER: 24 FEBRUARY 2006

WHERE MADE: MELBOURNE (HEARD IN HOBART)

THE COURT ORDERS THAT:

1. Declare that the first defendant is liable to indemnify the plaintiff in respect of any damages awarded to Mr Shane Fowle against the plaintiff for injuries suffered by Mr Fowle in October 1997.