Pridham, A.K. v Commonwealth of Australia [1987] FCA 601

Pridham, A.K. v Commonwealth of Australia [1987] FCA 601

The appellant's injury occurred during an ordinary act of daily life (shaving) prior to beginning any journey to work, at a time when he was not engaged in any standby or 'on call' duty; therefore, the injury did not arise out of or in the course of employment.

Parties
Appellant: Arthur Keith Pridham; Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
06 November 1987
Procedural Posture
Appeal / Judgment on Appeal From Administrative Appeals Tribunal
Outcome
appeal dismissed with costs
Legal Topics
Workman's Compensation, Injury in Course of Employment, Employment Related Injury, On Call Roster
Administrative Law Compensation Law Workman's Compensation Injury in Course of Employment Employment Related Injury On Call Roster

Case Brief

Summary, issues, holding and outcome

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Parties

Arthur Keith Pridham

Appellant

Commonwealth of Australia

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether injury sustained while shaving before reporting for duty arises out of or in the course of employment.
  2. 2 Whether the appellant was on a work-related journey when injured.
  3. 3 Whether the appellant was 'on call' at the time of injury, and if so, whether this brings the injury within the scope of employment.

Ratio Decidendi

The appellant's injury occurred during an ordinary act of daily life (shaving) prior to beginning any journey to work, at a time when he was not engaged in any standby or 'on call' duty; therefore, the injury did not arise out of or in the course of employment.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.