Bavcevic v Commonwealth [1957] HCA 67
The applicant failed to discharge the burden of proving total incapacity. The medical board's certificate established partial incapacity, and there was insufficient evidence to show his labour fell into the 'odd lot' category or that total incapacity existed at the relevant time. Therefore, the application for special leave to appeal was dismissed.
- Jurisdiction
- Australia
- Procedural Posture
- Application for Special Leave to Appeal / High Court Determination of Application
- Outcome
- Application for special leave dismissed
- Legal Topics
- ['permanent and Total Incapacity' 'compensation Limit' 'odd Lot Doctrine' 'medical Evidence in Compensation Claims']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application for Special Leave to Appeal / High Court Determination of Application
Legal Issues
- 1 ["Whether the applicant was totally and permanently incapacitated for work under the Commonwealth Employees' Compensation Act 1930-1954" 'Whether the cessation of weekly compensation payments at the statutory limit was lawful' "Whether the applicant’s labour constituted an 'odd lot' in the labour market"]
Ratio Decidendi
The applicant failed to discharge the burden of proving total incapacity. The medical board's certificate established partial incapacity, and there was insufficient evidence to show his labour fell into the 'odd lot' category or that total incapacity existed at the relevant time. Therefore, the application for special leave to appeal was dismissed.
Court Disposition
Application for special leave dismissed
Orders
- ['Application for special leave dismissed' 'No order as to costs']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment