Higgins v Jackson [1976] HCA 37

Higgins v Jackson [1976] HCA 37

By majority, s. 6(3A) does not impose a separate element requiring a contractor to hold himself out to the public or advertise; it is enough that the contractor regularly carries on an independent business in his own or a firm name. The primary judge did not misdirect himself as to the meaning of the provision, and the evidence submission was not open on the stated case. The appeal was dismissed.

Jurisdiction
Australia
Procedural Posture
Workers' Compensation / Appeal to the High Court on a Stated Case
Outcome
Appeal dismissed with costs.
Legal Topics
['meaning of Worker' 'contractor Carrying on an Independent Business' 'carrying on Business in Own Name or Under a Firm Name' 'holding Out to the Public']
["workers' Compensation" 'statutory Interpretation'] ['meaning of Worker' 'contractor Carrying on an Independent Business' 'carrying on Business in Own Name or Under a Firm Name' 'holding Out to the Public']

Case Brief

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Procedural Posture

Workers' Compensation / Appeal to the High Court on a Stated Case

Legal Issues

  1. 1 ["Whether, on the true construction of s. 6(3A) of the Workers' Compensation Act, 1926 as amended NSW, a contractor must hold himself out to the public as carrying on an independent business in order not to be deemed a worker." 'Whether there was room on the stated case to consider a submission that there was insufficient evidence that the appellant carried on business with regularity.']

Ratio Decidendi

By majority, s. 6(3A) does not impose a separate element requiring a contractor to hold himself out to the public or advertise; it is enough that the contractor regularly carries on an independent business in his own or a firm name. The primary judge did not misdirect himself as to the meaning of the provision, and the evidence submission was not open on the stated case. The appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']