Union Steamship Company of New Zealand Limited v Burnett [1937] HCA 19

Union Steamship Company of New Zealand Limited v Burnett [1937] HCA 19

The Court, being equally divided, affirmed the Supreme Court decision. The majority view was that unless the worker acted with knowledge of their alternative rights, mere acceptance of compensation and commencing proceedings do not constitute an election under section 63(2) sufficient to bar the widow's common law action. The pleaded facts in this case did not establish such knowledgeable election, so the demurrer succeeded.

Parties
Defendant, Appellant: Union Steamship Company of New Zealand Limited; Plaintiff, Respondent: Burnett (Isabella Burnett, widow of deceased worker)
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales, Judgment on Demurrer
Outcome
Appeal dismissed with costs.
Legal Topics
Election of Remedies, Statutory Compensation Versus Common Law Damages, Construction of Workers' Compensation Legislation
Workers' Compensation Tort Law Election of Remedies Statutory Compensation Versus Common Law Damages Construction of Workers' Compensation Legislation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Union Steamship Company of New Zealand Limited

Defendant, Appellant

Burnett (Isabella Burnett, widow of deceased worker)

Plaintiff, Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales, Judgment on Demurrer

Legal Issues

  1. 1 Whether commencement of proceedings and acceptance of compensation under the Workers' Compensation Act 1926-1929 (N.S.W.) by a deceased worker bars the widow's common law action for damages under the Compensation to Relatives Act 1897-1928 (N.S.W.).
  2. 2 What constitutes a binding election or exercise of option under section 63(2) of the Workers' Compensation Act 1926-1929 (N.S.W.).

Ratio Decidendi

The Court, being equally divided, affirmed the Supreme Court decision. The majority view was that unless the worker acted with knowledge of their alternative rights, mere acceptance of compensation and commencing proceedings do not constitute an election under section 63(2) sufficient to bar the widow's common law action. The pleaded facts in this case did not establish such knowledgeable election, so the demurrer succeeded.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.