Farmer and Company Limited v Griffiths [1940] HCA 19

Farmer and Company Limited v Griffiths [1940] HCA 19

By majority (Evatt and McTiernan JJ), an infant who receives compensation that is not for his benefit is not barred from pursuing common law damages against third parties for the same injury under sec. 64 of the Workers' Compensation Act 1926-1938 (N.S.W.), as the law preserves infants from acts of prejudice unless the statute clearly provides otherwise.

Parties
Appellant/defendant: Farmer and Company Limited; Respondent/plaintiff: John Alexander Griffiths
Jurisdiction
Australia
Procedural Posture
Appeal / Judgment on Appeal From Supreme Court of New South Wales (full Court), Demurrer to Replication
Outcome
Appeal dismissed with costs.
Legal Topics
Infant Capacity in Law, Recovery of Compensation V. Damages, Interpretation of Workers' Compensation Act 1926 1938 (n.s.w.), Sec. 64
Workers' Compensation Tort Law Infant Capacity in Law Recovery of Compensation V. Damages Interpretation of Workers' Compensation Act 1926 1938 (n.s.w.), Sec. 64

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Parties

Farmer and Company Limited

Appellant/defendant

John Alexander Griffiths

Respondent/plaintiff

Procedural Posture

Appeal / Judgment on Appeal From Supreme Court of New South Wales (full Court), Demurrer to Replication

Legal Issues

  1. 1 Whether an infant worker who receives compensation under the Workers' Compensation Act 1926-1938 (N.S.W.) is barred from recovering damages from a third party when the receipt was not for the infant's benefit
  2. 2 Whether the common law principles regarding infants' incapacity to act to their prejudice are excluded by sec. 64 of the Act

Ratio Decidendi

By majority (Evatt and McTiernan JJ), an infant who receives compensation that is not for his benefit is not barred from pursuing common law damages against third parties for the same injury under sec. 64 of the Workers' Compensation Act 1926-1938 (N.S.W.), as the law preserves infants from acts of prejudice unless the statute clearly provides otherwise.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.