Workers Compensation Nominal Insurer v Jamal [2022] NSWDC 10

District Court New South Wales

Medium Neutral Citation: Workers Compensation Nominal Insurer v Jamal [2022] NSWDC 10 Hearing dates: 28 – 29 October, 16 November 2021; submissions to 23 December 2021 Date of orders: 22 February 2022 Decision date: 22 February 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Judgment for the plaintiff for $258,565.75 with liberty to apply in relation to interest and/or costs. (2) Exhibits retained until further order. Catchwords: WORKERS COMPENSATION – company fails to take out workers compensation insurance contrary to s 155(1) of the Workers Compensation Act 1987 – application by the Workers Compensation Nominal Insurer to reimburse the Insurance Fund for payments made to an injured worker – whether the company was an exempt employer – whether the defendant (the sole director of the company) was a culpable director – whether the defendant was not in a position to influence the conduct of the company in relation to the contravention – whether the District Court has jurisdiction to hear and determine these issues - quantum – whether the asserted deficiencies of notices served under the Act limited the defendant's liability Legislation Cited: Evidence Act 1995 (NSW) s136 Factories Act 1833 (UK) Workers Compensation Act 1987 (NSW) ss 140, 145, 145A, 154D, 155, 155A and 155AA Workplace Injury Management and Workers Compensation Act 1998 (NSW) s 105 Cases Cited: Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Commercial Union Assurance Co of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Coombs v Workcover Authority of NSW [2014] NSWSC 1707 ET-China.com International Holdings Ltd v Cheung [2021] NSWCA 24 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 George v Rockett [1990] HCA 26; 170 CLR 104 Jones v Dunkel (1959) 101 CLR 298 Kula Systems Pty Ltd v Workers Compensation Nominal Insurer [2018] NSWSCCPD 10 Raniere Nominees Pty Ltd v Daley [2006] 67 NSWLR 417 Sabanyagam v St George Bank Limited [2016] NSWCA 145 SAS Corporation v Miles (2018) 265 CLR 137 Savoy v Insurance and Care NSW [2020] NSWSC 133 Teofilo v State of New South Wales [2007] NSWSC 767 WorkCover Authority of New South Wales v Edwin Tucker and George MacDonald [2012] NSWDC 226 WorkCover Authority of New South Wales v Picton Truck & Trailer Repairs Pty Ltd (De-registered) & Anor [2004] NSWCA 371 WorkCover Authority of New South Wales v Picton Truck & Trailer Repairs Pty Ltd (De-Registered) & Anor (2004) 22 ACLC 1517; 51 ACSR 1517 WorkCover Authority of NSW v Mackley [2006] NSWCA 204 Workers Compensation Nominal Insurer v Brasnovic [2013] NSWDC 131 Texts Cited: Friedrich Engels, The Condition of the Working Class in England, 1845, at 165 Neil Gunningham, Safeguarding the Worker (Law Book Co, 1984) at 48. The Age, "The industrial evils of the old world" (The Age, 16 June 1879) Category: Principal judgment Parties: Plaintiff: Workers Compensation Nominal Insurer Defendant: Noora Jamal (formerly known as Mellissa Cody & Melissa Cody) Representation: Counsel: Plaintiff: Mr D C Price Defendant: Mr T Bateman