Dalgety Farmers Ltd t/a Grazcos v Bruce and Anor
(1995) 12 NSWCCR 36BC9505124
(Judgment by: Clarke JA)
Dalgety Farmers Ltd t/a Grazcos
v Bruce and Anor - BC9505124; CA 40620 of 1994
Judges:
Kirby ACJ
Clarke JACole JA
Judgment date: 3 August 1995
New South Wales
Judgment by:
Clarke JA
I agree with the orders proposed by Kirby ACJ and generally with his reasons. I would, however, add the observation that the open ended nature of the enquiry as to employment is obviously a factor in the proliferation of cases in, and appeals from, the Compensation Court concerning the issue. In the present state of the law, which reflects the determination of courts to reach a just conclusion in the many and varied situations in which this issue comes before the courts, this cannot be avoided. But where the only question is whether a worker is employed by A or B there is much to be said for the view that the question should be answered solely by reference to the control test. It is unnecessary to pursue the question further in the present case where the indicia, including the legal right of control, point so overwhelmingly in favour of Mr and Mrs Kirkpatrick, carrying on business as Cleveland Pastoral Company, as the employers. However, where the factors are more balanced the control test could wn be seen to provide, in the limited situations I am discussing, the determinative test.