Cagney v D&J Building Contractors Pty Ltd
[2025] QCA 116 · Mullins P; Flanagan JA; Boddice JA
Scott Cagney was a self-employed carpenter with about 40 years' experience. He fell from a ladder and was injured while doing a day's cash work for D&J Building Contractors at a house site in Ipswich. To sue the company for damages, he needed to show he was a 'worker' (an employee) rather than an independent contractor under Queensland's workers' compensation law. He also argued that because WorkCover had earlier accepted his compensation claim, a decision confirmed by the Workers' Compensation Regulator, the company should not be allowed to deny he was a worker. The trial judge found he was an independent subcontractor running his own business, not an employee, and that no estoppel arose. The Court of Appeal granted leave to appeal because the legal questions were of broader importance, but dismissed the appeal. It agreed he was a subcontractor and that the earlier compensation decision only concerned compensation, not his employment status for a damages claim. He recovered nothing and was ordered to pay costs.
Incident & injury
Fell from a ladder while cutting roof sheets on a building site
- Incident date
- 31 March 2018
- Location
- Eastern Heights, Ipswich (building site)
Quick facts
- Date of judgment
- 27 June 2025
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Occupation
- Trade qualified carpenter (self-employed subcontractor) Technician / Trade Worker
- Liability
- Disputed
Outcome
Leave to appeal was granted because the questions of law had wider application, but the appeal was dismissed. The Court of Appeal held the trial judge correctly found the applicant carpenter was an independent subcontractor, not a 'worker' under s 11(1) of the WCRA, and that the respondent was not estopped by the WorkCover/Regulator compensation decision from denying he was a worker.
Key issues
Cagney v D&J Building Contractors Pty Ltd [2025] QCA 116
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.
Learn more about WorkCover common law claims in Queensland.