Zaronias v Papaiani [2002] NSWCA 207

New South Wales Court of Appeal

CITATION : Zaronias v Papaiani [2002] NSWCA 207 FILE NUMBER(S) : CA 40442 of 2001 HEARING DATE(S) : 19/06/02 JUDGMENT DATE : 31 July 2002

Christine Louise Zaronias PARTIES : v Michael David Papaiani & JUDGMENT OF : Meagher JA at 1; Foster AJA at 11; Ipp AJA at 12

LOWER COURT JURISDICTION : Compensation Court LOWER COURT 1260 of 2000 FILE NUMBER(S) : LOWER COURT Burke AJ JUDICIAL OFFICER :

COUNSEL : Appellant: Mr D T Kennedy SC & Miss E E Welsh Respondent 2: Mr A T Candy Appellant: Taylor & Scott Respondent 1: Unknown SOLICITORS : Respondent 2 & 4: William Clinton Respondent 3: Stephen Bottrill Respondent 5 & 6: Taylor & Scott CATCHWORDS : Whether the deceased was entitled to an award under the Workers' Compensation Act - whether the deceased could be classified as an employee or volunteer - whether the trial judge's discretion miscarried for not allowing the case to be re-opened - appeal dismissed with costs. LEGISLATION CITED : Workers' Compensation Act 1987 DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40442 of 2001

MEAGHER JA FOSTER AJA IPP AJA

Wednesday, 31 July 2002 CHRISTINE LOUISE ZARONIAS v MICHAEL DAVID PAPAIANI

FACTS The appellant, Ms Zaronias, was the widow of the deceased, who was killed when a wall collapsed on him. At the time of his death, the deceased was in receipt of worker's compensation payments which were made to him voluntarily following an accident which occurred in the course of his employment. These payments were also supplemented by occasional casual work for the first respondent, Mr Papaiani, and the third respondent, who were engaged in the business of demolition and tidying work on their premises. The arrangement between the deceased and the respondents, was that the latter would advise the former when any work was available at the demolition site.