Dickinson v Chapman [2022] NSWCA 2

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dickinson v Chapman [2022] NSWCA 2 Hearing dates: 13 August 2021 Date of orders: 3 February 2022 Decision date: 03 February 2022 Before: Basten JA at [1]; Macfarlan JA at [46]; McCallum JA at [47] Decision: (1) Allow the appeal and set aside the judgment of the District Court, order 1 made on 18 December 2020 and order 1 made on 23 February 2021. (2) In lieu thereof, (a) dismiss the statement of claim dated 31 August 2017; (b) order that the plaintiff pay the defendants' costs of the proceedings in the District Court. (3) Order that the respondent pay the appellants' costs in this Court. Catchwords: CONTRACTS – formation – intention to create legal relations – agreement evidenced by course of conduct – regular rate of payment – record of hours worked – whether payment for work performed gave rise to contractual rights or obligations on a quantum meruit TORTS – negligence – workplace injury – whether injured party a worker or deemed worker – whether work done under contract of employment – non-compliance with procedural requirements if claim for work injury damages – application of Workplace Injury Management and Workers Compensation Act 1998 (NSW), Sch 1, cl 2 Legislation Cited: Civil Procedure Act 2005 (NSW), s 91 Workers Compensation Act 1987 (NSW), s 66; Pt 5, Div 2 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4, 5, 250; Sch 1, cl 2 Cases Cited: Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424; [1954] HCA 20 Chapman v Dickinson [2018] NSWDC 359 Chapman v Dickinson [2020] NSWDC 269 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95; [2002] HCA 8 Category: Principal judgment Parties: Justin Dickinson (First Appellant) Annette Patrick (Second Appellant) Christopher Chapman (Respondent) Representation: Counsel: Mr J Catsanos SC / Mr A Parker (Appellants) Mr P Braham SC / Mr R Goodridge (Respondent)