PRESTO MEATS AND SMALLGOODS PTY LTD v ALCAN AUSTRALIA PTY LTD and ORS [1994] NSWCA 254

PRESTO MEATS AND SMALLGOODS PTY LTD v ALCAN AUSTRALIA PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, POWELL and COLE JJA 17 November 1994

[1994] NSWCA 254 Judgments and Orders — Reasons for — Insufficient

Gleeson CJ In this matter I will ask Powell JA to give the first judgment.

Powell JA This is an appeal from a Judgment delivered, and an Award made by Gibson CCJ on 28 February 1992 in proceedings which have been brought by a worker, Mr Wasilewski, against two companies, Presto Meat and Smallgoods Pty Ltd (to which I shall refer as "Presto") and Alcan Australia Pty Ltd (to which I shall refer as "Alcan'); in which proceedings Mr Wasilewski had Sought both periodic, and lump sum, compensation in relation to what he claimed to have been an injury, or injuries, suffered by him when in the employ of one or other of Presto and Alcan.

On the hearing of the application before Gibson A-CCJ there were represented, in addition to Mr Wasilewski, and Alcan, two of the three companies which, during the period of Mr Wasilewski's employ by Presto, had been Presto's Workers Compensation insurers, the reason for the representation of two of Presto's Workers Compensation insurers being that FAI Workers Compensation (NSW) Ltd (to which I shall refer as "FAT'), one of these Insurers, had been on risk only between | July 1987 and 30 June 1988, while the second of the insurers so represented, QBE Insurance Ltd (to which I shall refer as "QBE"), had been on risk from 1 July 1988 until after Mr Wasilewski had left Presto's employ.

Put shortly, the facts were that Mr Wasilewski entered the employ of Presto in 1985 and left that company's employ in late 1989, in circumstances to which I will later refer. During the course of his employment with Presto, Mr Wasilewski was, for the most part, employed as a process worker, his duties involving him in man-handling, cutting up and packing, large quantities of meat.