NSW Caselaw
New South Wales Supreme Court
CITATION : Joanna's Productions P/L v GIO Workers Compensation [2005] NSWSC 1314
HEARING DATE(S) : 5 December 2005
JUDGMENT DATE : 16 December 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is dismissed; (2) The orders of his Honour Magistrate Lulham dated 8 July 2005 are affirmed; (3) The summons filed 28 July 2005 is dismissed; (4) The plaintiff is to pay the defendant's costs as agreed or assessed.
CATCHWORDS : Appeal Local Court Magistrate's decision - identity of employer
LEGISLATION CITED : Local Courts Act 1982 (NSW) - s 73
Allen v Kerr & Anor (1995) Aust Torts Reports 81-354 Azzopardi v Tasman UEB Industries LTD (1985) 4 NSWLR 139 Carr v Neill [1999] NSWSC 1263 Devries v Australian National Railways Commission (1993) 177 CLR 472 CASES CITED : R L & D Investments Pty Ltd v Bisby [2002] 37 MVR 479; [2002] NSWSC 1082 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in Liq) (1999) 160 CLR 588 Swain v Waverley Municipal Council [2005] HCA 4 The Australian Gas Light Co v Valuer General (1940) SR (NSW) 126
Joanna's Productions Pty Limited (Plaintiff) PARTIES : GIO Workers Compensation (NSW) Limited (Defendant)
FILE NUMBER(S) : SC 13336/2005
Mr R J A Sergi (Plaintiff) COUNSEL : Mrs E M Frizell (Defendant)
Mr P Macken, Leigh Virtue & Associates (Plaintiff) SOLICITORS : Ms L Dorman, Turks Legal (Defendant)
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