Tooth and Co Ltd v Tillyer [1956] HCA 49

Tooth and Co Ltd v Tillyer [1956] HCA 49

Section 64 (b) does not entitle an employer to indemnity from a worker's husband who negligently causes her injury because no legal liability to pay damages was created in the husband due to the bar on actions in tort between spouses; absent such a liability, the statutory condition for indemnity is not satisfied.

Parties
Applicant/plaintiff: Tooth and Company Limited; Respondent/defendant: Tillyer
Jurisdiction
Australia
Judgment Date
22 August 1956
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal From the Supreme Court of New South Wales
Outcome
Application for special leave refused
Legal Topics
Employers' Right of Indemnity Under Workers' Compensation Legislation, Tort Between Spouses, Statutory Interpretation of S. 64 Workers' Compensation Act (nsw)
Workers' Compensation Tort Law Statutory Interpretation Employers' Right of Indemnity Under Workers' Compensation Legislation Tort Between Spouses Statutory Interpretation of S. 64 Workers' Compensation Act (nsw)

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Parties

Tooth and Company Limited

Applicant/plaintiff

Tillyer

Respondent/defendant

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether s. 64 of the Workers' Compensation Act 1926-1954 (NSW) entitles an employer to indemnity from a worker's husband where compensation was paid for injuries resulting from the husband's negligence
  2. 2 Whether a husband is a 'person liable to pay damages' within the meaning of the section, given legal disability of one spouse to sue the other for tort

Ratio Decidendi

Section 64 (b) does not entitle an employer to indemnity from a worker's husband who negligently causes her injury because no legal liability to pay damages was created in the husband due to the bar on actions in tort between spouses; absent such a liability, the statutory condition for indemnity is not satisfied.

Court Disposition

Application for special leave refused

Orders

  • Application for special leave to appeal is refused.