Coles Supermarkets Australia Pty Ltd v Ready Workforce (A Division of Chandler Macleod) Pty Ltd [2018] NSWCA 140

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coles Supermarkets Australia Pty Ltd v Ready Workforce (A Division of Chandler Macleod) Pty Ltd [2018] NSWCA 140 Hearing dates: 11 April 2018 Decision date: 28 June 2018 Before: Basten JA at [1]; White JA at [2]; Simpson AJA at [111] Decision: (1) Grant leave to appeal. (2) Order that within seven days the appellant file a notice of appeal in the form of its draft notice of appeal. (3) Appeal allowed in part. (4) Order that order 1 entered on 15 August 2017 (that there be judgment for the first respondent in the sum of $37,495.01) be set aside. (5) In lieu thereof, order that judgment be entered for the appellant on the first respondent's claim. (6) Set aside order 3 entered on 15 August 2017. (7) In lieu thereof, order that the first respondent pay the appellant's costs of the trial, including the costs of the cross-claim. (8) Cross-appeal dismissed. (9) Order that the first respondent pay the appellant's costs of the appeal and cross-appeal. (10) No order as to the second respondent's costs of the appeal or cross-appeal. Catchwords: WORKERS COMPENSATION – Indemnity of employer – Workers Compensation Act 1987 (NSW) s 151Z – Where primary judge made inconsistent findings as to the identity of the employer – Whether duty of care breached and causation established – Whether costs and expenses incurred in defending the litigation were a direct result of negligence – Appeal allowed Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D, 16 Civil Procedure Act 2005 (NSW), s 100 District Court Act 1973 (NSW), s 127 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Taxation Administration Act 1953 (Cth), Sch 1 Workers Compensation Act 1926, s 64 Workers Compensation Act 1987 (NSW), ss 2, 20, 151H, 151Z, 159