MAFULU PTY LIMITED v MATHER [1988] NSWCA 87

MAFULU PTY LIMITED v MATHER SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, SAMUELS and MAHONEY JJA 13 December 1988, 13 December 1988 [1988] NSWCA 87

COUNSEL: WORKERS' COMPENSATION — appeal — question of law — stringency of requirement — appeal from Compensation Commissioner (T Reynolds) to the Compensation Court (McGrath J) — company director — whether a worker — whether evidence available to sustain finding that he was — establishment of company payments for director's services paid into company's bank account — director does physical work including shearing held: The evidence of a conversation between family directors and other evidence at the trial was sufficient, if accepted, to sustain the award. Catherine Lee v Lee's Air Farming Ltd [1961] AC 12 applied.

APPEAL — question of law — stringency of requirement — Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139; Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 and Warley Pty Ltd v Adco Constructions Pty Ltd (unreported, CA, 30 November 1988; (1988) NSWJB 212 applied — application to re-argue principle in Azzopardi refused. LAW REFORM — appeal — question of law — observations by Kirby P and Samuels JA concerning the stringency of the principle in Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 observations by Samuels JA on the possible need to consider the principle where cases are determined on very flimsy facts. LAW REFORM — workers' compensation — appeal — second appeal — appeal from Compensation Commissioner to Compensation Court on point of law fails — further appeal on a suggested point of law to the Court of Appeal — suggestion (by Kirby P) that leave of the Court of Appeal for second appeal should be required.

WORDS AND PHRASES — "deemed".

Compensation Court Act 1984, s32. Workers' Compensation Act 1926, s42Q. ORDERS Appeal dismissed with costs.