Djuric v Kia Ceilings Pty Ltd [2011] NSWCA 34

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Djuric v Kia Ceilings Pty Ltd [2011] NSWCA 34 Hearing dates: 03/03/2011 Decision date: 03 March 2011 Before: McColl JA, Handley AJA, Sackville AJA Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: WORKERS COMPENSATION – independent contractor – whether regularly carrying on trade or business in own name – no question of principle

APPEAL – question of law – whether primary facts necessarily within statutory provision – no question of principle Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 Humberstone v Northern Timber Mills [1949] HCA 49, 79 CLR 389 Category: Principal judgment Parties: Mile Djuric - Appellant Kia Ceilings Pty Ltd - Respondent Representation: Counsel: D E Baran – Appellant P A Rickard – Respondent Solicitors: NSW Compensation Lawyers - Appellant Goldbergs – Respondent File Number(s): 2010/66912

HEADNOTE The appellant, a contract gyprocker, appealed against the decision of a Presidential member of the Workers Compensation Commission that he was not a deemed worker within cl 2(1) of Schedule 1 of the Workplace Injury Management and Workers Compensation Act 1998. Held: (1) The appellant had not established that the decision of the Presidential member was affected by legal error.