GIO GENERAL LIMITED v BLACKTOWN RSL CLUB LIMITED [1996] NSWCA 212

GIO GENERAL LIMITED v BLACKTOWN RSL CLUB LIMITED SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

HANDLEY JA, SHELLER JA and SANTOW AJA 5 November 1996 [1996] NSWCA 212

WORKERS' COMPENSATION — boxing contest — employer conducting or holding contest — providers of venue — Workers' Compensation Act 1926 s 6 (14C)(a1); Taren Point Bowling and Recreation Club Ltd v Shapter [1982] NSWLR 219.

A boxing contest was conducted by a firm insured by the appellants at the respondent's premises on 15 March 1979. One of the boxers was seriously injured and was paid compensation under the Workers' Compensation Act 1926 by the appellants. The appellants sought contribution from the club or its insurer on the ground of co-ordinate liability under s 6 (14C)(al) of the Act which deemed the boxer to be "employed by the person conducting or holding such contest...". The club provided the venue, controlled the admission of spectators, sold tickets provided by the promoter, but accounted for the full proceeds, and assisted in other ways.

HELD, dismissing the appeal: (1) The mere use of club premises for holding contests and the exercise of its ordinary responsibilities and functions as a registered club cannot, without more, deem it to be the employer of contestants: Taren Point Bowling and Recreation Club Ltd v Shapter [1982] NSWLR 219 followed; State Compensation Board (NSW) v Anastassiadis (1986) 2 NSW CCR 1, distinguished; (2) The uninstructed opinion of the spectators as to the role of the club was not the test because the section was concerned with realities, not with appearances.

Handley JA. This is an appeal by GIO General Limited and the partners of Meyers Enterprises (the firm) from a judgment of Windeyer J in the Equity Division. The appeal arises out of a boxing contest conducted by the firm at the premises of the Blacktown RSL Club on 15 March 1979.