Williams v Usher [1955] HCA 60

Williams v Usher [1955] HCA 60

Damages recoverable by the widow and children under Lord Campbell's Act in Western Australia are not subject to diminution by reason of the existence or payment of a New York workers' compensation award, because a compromise was made—embodied in a legally enforceable undertaking to refund the award with a lien over the damages—and in these circumstances there is no real gain or benefit requiring deduction in damages assessment.

Parties
Appellants, Defendants: Williams and others; Respondent, Plaintiff: Usher (Margaret Patricia Usher)
Jurisdiction
Australia
Judgment Date
21 November 1955
Procedural Posture
Appeal / Appeal From the Supreme Court of Western Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Assessment of Damages, Measure of Damages, Workmen's Compensation, Fatal Accidents, Lord Campbell's Act
Tort Law Personal Injury Compensation Law Assessment of Damages Measure of Damages Workmen's Compensation Fatal Accidents Lord Campbell's Act

Case Brief

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Parties

Williams and others

Appellants, Defendants

Usher (Margaret Patricia Usher)

Respondent, Plaintiff

Procedural Posture

Appeal / Appeal From the Supreme Court of Western Australia

Legal Issues

  1. 1 Whether damages recoverable against third parties in Western Australia are subject to diminution due to a New York workers' compensation award
  2. 2 Whether a compromise in New York proceedings amounted to a release or commuting under s. 33 Workmen's Compensation Law (NY)
  3. 3 Proper measure of damages under Lord Campbell's Act in light of foreign compensation awards

Ratio Decidendi

Damages recoverable by the widow and children under Lord Campbell's Act in Western Australia are not subject to diminution by reason of the existence or payment of a New York workers' compensation award, because a compromise was made—embodied in a legally enforceable undertaking to refund the award with a lien over the damages—and in these circumstances there is no real gain or benefit requiring deduction in damages assessment.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Judgment of Supreme Court of Western Australia affirmed.