Programmed Maintenance Services P/L v Savage [2003] NSWCA 20

New South Wales Court of Appeal

CITATION : Programmed Maintenance Services P/L v Savage [2003] NSWCA 20 HEARING DATE(S) : 04/02/03 JUDGMENT DATE : 24 February 2003

JUDGMENT OF : Meagher JA at 1; Beazley JA at 20; Ipp JA at 21 DECISION : Appeal dismissed with costs.

CATCHWORDS : Employee - independent contractor - Compensation Court Rules p 13 - Notice of Submission to an Award - non-acceptance - continuation of trial. LEGISLATION CITED : s 37 Workers Compensation Act 1987 Programmed Maintenance Services Pty Limited PARTIES : v Graham Savage FILE NUMBER(S) : CA 41075 of 2001 COUNSEL : A: J D Hislop QC & M Best R: P Webb QC & R Scruby SOLICITORS : A: Sparke Helmore R: David Landa Stewart

LOWER COURT Compensation Court JURISDICTION : LOWER COURT CC 48175 of 2000 FILE NUMBER(S) : LOWER COURT Walker J JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41075 of 2001

MEAGHER JA BEAZLEY JA IPP JA

Monday, 24 February 2003 PROGRAMMED MAINTENANCE SERVICES PTY LIMITED v GRAHAM SAVAGE

FACTS

The appellant was a painting maintenance company, which, in organising its business, kept a core staff of permanent painters who were paid wages, as well as a pool of approved painters who worked on specific projects when engaged to do so by the appellant. The respondent, an experienced painter, was not a member of the appellant's core staff, but was engaged by the appellant from time to time to work on specific projects.