Vietell Pty Limited (trading as Charles & Stuart) v Mitchell Brian Hesford [2014] NSWDC 213

District Court New South Wales

Medium Neutral Citation: Vietell Pty Limited (trading as Charles & Stuart) v Mitchell Brian Hesford [2014] NSWDC 213 Hearing dates: 22 May 2014; 7 October 2014 Decision date: 10 October 2014 Before: Cogswell SC DCJ Decision: (1)Verdict and judgment for the plaintiff in the sum of $17,313.21. (2)The defendant to pay the plaintiff's costs. Catchwords: CIVIL LAW - liability to repay compensation out of damages awarded - whether classified as a "worker" for the purposes of the Workers' Compensation Act 1987, s 151Z(1)(b) - definition of "worker" as provided by the Workplace Injury Management and Wokplace Compensation Act 1998 - whether relationship between plaintiff employer company and working person amounts to a relationship of employment - whether working person working for commercial or domestic purpose - employment of real and commercial concern - employment reasonable in all the circumstances Legislation Cited: Workers' Compensation Act 1987, s 151Z(1)(b) Workplace Injury Management and Workers Compensation Act 1998, s 4 Cases Cited: Articulate Restorations and Development Pty Ltd v Crawford (1994) 57 IR 371 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16 Category: Principal judgment Parties: Vietell Pty Limited (trading as Charles & Stuart) (plaintiff) Mitchell Brian Hesford (defendant) Representation: Mr P Rickard (plaintiff) Mr G Young (defendant) Stiles Lawyers Pty Limited (plaintiff) Moray & Agnew Lawyers (defendant) File Number(s): 2013/00078208