Stanley v Gallagher and Ors sued on their own behalf and on behalf of all members of the Gold Coast Turf Club & Anor [2002] NSWCA 174

New South Wales Court of Appeal

CITATION : Stanley v Gallagher and Ors sued on their own behalf and on behalf of all members of the Gold Coast Turf Club & Anor [2002] NSWCA 174 FILE NUMBER(S) : CA 40537/01 HEARING DATE(S) : 29 May 2002 JUDGMENT DATE : 14 June 2002

Peter Robert STANLEY (Appellant) PARTIES : Peter Michael GALLAGHER, Patrick Thomas MURRAY and Geoffrey Nelson TAYLOR sued on their own behalf and on behalf of all members of the GOLD COAST TURF CLUB (First Respondent) WORKCOVER AUTHORITY OF NEW SOUTH WALES (Second Respondent) JUDGMENT OF : Stein JA at 1; Heydon JA at 2; Pearlman AJA at 3

LOWER COURT JURISDICTION : Compensation Court LOWER COURT CC 35979/00 FILE NUMBER(S) : LOWER COURT Moran CCJ JUDICIAL OFFICER :

J D Hislop QC with S G Campbell (Appellant) COUNSEL : P E Blacket SC with M J Fordham (First Respondent) A J Candy (Second Respondent) Mitchell Playford & Radburn (Appellant) SOLICITORS : P W Turk & Associates (First Respondent) WorkCover Authority of New South Wales (Second Respondent) CATCHWORDS : WORKERS' COMPENSATION - whether Compensation Court had jurisdiction to entertain claim - worker a jockey - injury in New South Wales on journey to employment in Queensland - extra-territorial operation of Workers Compensation legislation - need for relevant factual connectors with New South Wales - nature of relevant connectors - whether connectors are to be between employer and State - whether connectors confined to examples set out in WorkCover Authority (NSW) v Billpat Holdings Pty Ltd - relevant connectors found - D Compensation Court Act 1984 LEGISLATION CITED : Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Azzopardi v Tasman UEB Industries Pty Ltd (1985) 4 NSWLR 139 Commissioner for Railways for the State of Queensland v Peters (1991) 25 NSWLR 407 CASES CITED: Mynott and Ors v Barnard (1939) 62 CLR 68 Tomalin v S. Pearson & Son (1909) 2 KB 61 Workcover Authority (NSW) v Billpat Holdings Pty Ltd and Ors (1995) 11 NSWCCR 565 DECISION : 1. Appeal upheld.; 2. Proceedings remitted to the Compensation Court for the determination of an award in favour of the Appellant.; 3. The Respondents to pay the Appellant's costs, but to have a certificate under the Suitor's Fund Act if otherwise entitled.