Alvannex v Humphreys [1999] NSWCA 291

Alvannex v Humphreys [1999] NSWCA 291

The act of securing the employer's sign to prevent damage, even outside of active duty, was incidental to the worker's employment and thus the resulting injury arose out of employment; the judge's factual findings were not open to challenge on appeal.

Jurisdiction
Australia
Judgment Date
07 July 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
["worker's Compensation for Injury" 'scope of Employment' 'incidental Employment Acts']
['employment Law' 'workers Compensation'] ["worker's Compensation for Injury" 'scope of Employment' 'incidental Employment Acts']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the respondent's injury arose out of or in the course of his employment and is thus compensable under workers compensation law"]

Ratio Decidendi

The act of securing the employer's sign to prevent damage, even outside of active duty, was incidental to the worker's employment and thus the resulting injury arose out of employment; the judge's factual findings were not open to challenge on appeal.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal is dismissed with costs']