Buchanan and Brock Pty Ltd v Harris [1957] HCA 71

Buchanan and Brock Pty Ltd v Harris [1957] HCA 71

A worker is not 'in attendance at any place' for the specified medical purposes when at their own home or place of employment under s.8(2)(b)(iii); therefore, the occurrence at the worker's home did not fall within the statutory protection, and the resulting death was not compensable as arising out of or in the...

Source-derived case information.

Parties
Appellant: Buchanan & Brock Proprietary Limited; Respondent: Myrtle Margaret Harris
Jurisdiction
Australia
Procedural Posture
Workers' Compensation Appeal / High Court of Australia Appeal From the Supreme Court of Victoria (full Court)
Outcome
Appeal allowed
Legal Topics
Statutory Interpretation, Course of Employment, Entitlement to Compensation for Injury During Medical Treatment
Workers' Compensation Employment Law Statutory Interpretation Course of Employment Entitlement to Compensation for Injury During Medical Treatment

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Parties

Buchanan & Brock Proprietary Limited

Appellant

Myrtle Margaret Harris

Respondent

Procedural Posture

Workers' Compensation Appeal / High Court of Australia Appeal From the Supreme Court of Victoria (full Court)

Legal Issues

  1. 1 Whether a worker is 'in attendance at any place' for purposes of receiving medical attention under s.8(2)(b)(iii) of the Workers Compensation Act when at their home or place of employment.
  2. 2 Whether the deceased's death was compensable as an injury deemed to arise in the course of employment.

Ratio Decidendi

A worker is not 'in attendance at any place' for the specified medical purposes when at their own home or place of employment under s.8(2)(b)(iii); therefore, the occurrence at the worker's home did not fall within the statutory protection, and the resulting death was not compensable as arising out of or in the course of employment.

Court Disposition

Appeal allowed

Orders

  • Order of the Supreme Court of Victoria discharged
  • Question raised by the case stated answered 'yes'