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Camping cases

Antal v JA & DM Cantrill [2010] NSW WCC 448. Phillips SC, Arb. 27.10.10.

[18] Curiously in submission as an alternative although not pleaded in the ARD, Mr Cameron for the Applicant submitted that if I were to find that the Applicant did not injure herself whilst picking cherries she injured herself as by falling down the stairs of the caravan as Mr Cantrill says she told him. He then relied upon the ‘camping’ cases such as Danvers v Commissioner for Railways (NSW) (1969) 122 CLR 529 . Such cases do not assist such a submission as they are predicated upon there being a contract of service. I can find no contract of service between the Applicant and the Respondent.

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