NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: South Sydney Junior Rugby League Club Ltd v Gazis [2016] NSWCA 8 Hearing dates: 14 and 15 December 2015 Decision date: 09 February 2016 Before: Basten JA at [1]; Macfarlan JA at [133]; Simpson JA at [134] Decision: (1) Allow the appeal by South Sydney Junior Rugby League Club Ltd in respect of the judgment in the Common Law Division given on 17 November 2014 and the orders with respect to the appellant entered on 1 December 2014.
(2) Allow the appeal by the Workers Compensation Nominal Insurer in respect of the judgment and orders referred to above.
(3) Set aside orders (1)-(5) made and entered on 1 December 2014 and in place thereof:
(a) dismiss the proceedings brought by the plaintiff Ross Gazis against the second and third defendants in proceedings 2009/335151 in the Common Law Division; (b) order that the plaintiff pay the costs of the trial of the second defendant, South Sydney Junior Rugby League Club Ltd.
(4) Order that the first respondent, Ross Gazis, pay the costs of the appellants, South Sydney Junior Rugby League Club Ltd and the Workers Compensation Nominal Insurer, in this Court.
(5) Grant the first respondent a certificate under the Suitors' Fund Act 1951 (NSW) with respect to the costs of both appeals. Catchwords: EMPLOYMENT – whether contract of employment – whether sub-contractor – whether subject to a labour hire agreement – whether contractor's insurance policy responded to claim of injury to worker not an employee
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