Webb v Commissioner for Railways (NSW) [1938] HCA 24

Webb v Commissioner for Railways (NSW) [1938] HCA 24

The Workers' Compensation Commission found as fact that the applicant's act in attempting to climb on a moving locomotive was not done for the purposes of or in connection with his employer’s trade or business, but rather for personal reasons. This finding was open to the Commission, and the High Court cannot interfere with its findings of fact. Therefore, sec. 7(2) does not deem the injury to have arisen out of or in the course of employment; the appeal must be dismissed.

Parties
Applicant, Appellant, Worker: Arthur Bruce Webb; Respondent, Employer: Commissioner for Railways (N.S.W.)
Jurisdiction
Australia
Procedural Posture
Workers' Compensation Appeal / Appeal From the Supreme Court of New South Wales to the High Court of Australia
Outcome
appeal dismissed with costs
Legal Topics
Scope of Employment, Injury in Course of Employment, Statutory Construction, Added Peril Doctrine
Workers' Compensation Employment Law Scope of Employment Injury in Course of Employment Statutory Construction Added Peril Doctrine

Case Brief

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Parties

Arthur Bruce Webb

Applicant, Appellant, Worker

Commissioner for Railways (N.S.W.)

Respondent, Employer

Procedural Posture

Workers' Compensation Appeal / Appeal From the Supreme Court of New South Wales to the High Court of Australia

Legal Issues

  1. 1 Whether the applicant's injury arose out of and in the course of his employment within sec. 7(2) Workers’ Compensation Act 1926-1929 (N.S.W.)
  2. 2 Whether the act causing injury was done for the purposes of and in connection with his employer's trade or business

Ratio Decidendi

The Workers' Compensation Commission found as fact that the applicant's act in attempting to climb on a moving locomotive was not done for the purposes of or in connection with his employer’s trade or business, but rather for personal reasons. This finding was open to the Commission, and the High Court cannot interfere with its findings of fact. Therefore, sec. 7(2) does not deem the injury to have arisen out of or in the course of employment; the appeal must be dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Question 4 answered: Yes; it is unnecessary to answer any of the other questions