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Toowoomba Demolition and Earthmoving Pty Ltd v Workers' Compensation Regulator[2020] QIRC 30

Toowoomba Demolition and Earthmoving Pty Ltd v Workers' Compensation Regulator[2020] QIRC 30

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Toowoomba Demolition and Earthmoving Pty Ltd ATF Castle Family Trust v Workers' Compensation Regulator [2020] QIRC 030

PARTIES: 

Toowoomba Demolition and Earthmoving Pty Ltd ATF Castle Family Trust

(Appellant)

v

Workers' Compensation Regulator

(Respondent)

CASE NO:

WC/2018/115

PROCEEDING:

Appeal against decision of the Workers' Compensation Regulator

DELIVERED ON:

27 February 2020

HEARING DATES:

DATES OF WRITTEN SUBMISSIONS:

1 April 2019, 2 April 2019, 3 April 2019 and 4 April 2019

Respondent's written submissions filed on 21 May 2019, Appellant's written submissions filed on 19 June 2019 and Respondent's written submissions in reply filed on 27 June 2019.

MEMBER:

HEARD AT:

Merrell DP

Toowoomba

ORDERS:

  1. The appeal is allowed.
  1. The decision appealed against is set aside and another decision is substituted, namely:
  1. a.
    that Mr Tony Lowen was not a  worker within the meaning of s 11 of the Workers' Compensation and Rehabilitation Act 2003; and
  2. b.
    that Mr Tony Lowen's claim for worker' compensation dated 22 January 2018 is rejected.
  1. The Regulator pays the Appellant's costs of the appeal.

CATCHWORDS:

Close

Editorial Notes

  • Published Case Name:

    Toowoomba Demolition and Earthmoving Pty Ltd ATF Castle Family Trust v Workers' Compensation Regulator

  • Shortened Case Name:

    Toowoomba Demolition and Earthmoving Pty Ltd v Workers' Compensation Regulator

  • MNC:

    [2020] QIRC 30

  • Court:

    QIRC

  • Judge(s):

    Merrell DP

  • Date:

    27 Feb 2020

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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