Workcover Authority of New South Wales v Wightman & 2 Ors [2001] NSWCA 362

New South Wales Court of Appeal

CITATION : Workcover Authority of New South Wales v Wightman & 2 Ors [2001] NSWCA 362 FILE NUMBER(S) : CA 40878/00 HEARING DATE(S) : 4 September 2001 JUDGMENT DATE : 11 October 2001

Workcover Authority of New South Wales - Appellant PARTIES : Jeffrey Phillip Wightman - 1st Respondent B M Culley & Associates Pty Ltd - 2nd Respondent S J Turnbull Constructions Pty Ltd - 3rd Respondent JUDGMENT OF : Priestley JA at 1; Stein JA at 2; Davies AJA at 30

LOWER COURT JURISDICTION : Compensation Court LOWER COURT CC 10363/96 FILE NUMBER(S) : LOWER COURT Judge Walker QC JUDICIAL OFFICER :

P M Hall QC/A J Candy/J A Kernick - Appellant COUNSEL : J D Hislop QC/M S Choat - 1st Respondent L C King SC/M R Gracie - 2nd Respondent Workcover Authority of New South Wales - Appellant SOLICITORS : Sommerville & Co - 1st Respondent Vanderwords - 2nd Respondent Giles Payne & Co - 3rd Respondent CATCHWORDS : TORTS - negligence - liability - Workers Compensation Act 1987 - deemed worker - employer uninsured - whether a party was a 'principal' - whether compensation can be ordered against appellant where judge noted a non-party was the principal - whether a positive finding made - CONTRACT - sub contractor - whether a contractual relationship existed - ND Workers Compensation Act 1987 LEGISLATION CITED : Workplace Injury Management Act 1998 Compensation Court Rules 1990 CASES CITED: n/a DECISION : 1) Appeal dismissed. 2) Appellant to pay costs of the first respondent on appeal. 3) Cross-appeal dismissed with no order as to costs. 4) The appellant and second respondent to lodge written submissions with respect to costs within 7 days.