Coal Cliff Collieries Limited v Austin [1919] HCA 77

Coal Cliff Collieries Limited v Austin [1919] HCA 77

The appeal did not lie as of right because the judgment from which it was sought to appeal was not pronounced in respect of an amount or civil right of at least £300 as required by sec. 35(1) of the Judiciary Act 1903-1915, given the uncertainty of future weekly payments under the compensation award. On the substantive issue, the employer could not deny liability for compensation when the worker, acting on employer's direction or representation of lawfulness, used the road notwithstanding a statutory prohibition, absent serious or willful misconduct.

Parties
Appellant: Coal Cliff Collieries Limited; Respondent: Thomas Austin
Jurisdiction
Australia
Judgment Date
19 December 1919
Procedural Posture
Appeal / Judgment After Hearing on Appeal From Supreme Court of New South Wales
Outcome
Appeal dismissed with costs.
Legal Topics
High Court Appeals—threshold Amount, Workmen's Compensation—statutory Prohibition, Interpretation of Regulations Under Mining Legislation
Practice and Procedure Employment Law Statutory Interpretation High Court Appeals—threshold Amount Workmen's Compensation—statutory Prohibition Interpretation of Regulations Under Mining Legislation

Case Brief

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Parties

Coal Cliff Collieries Limited

Appellant

Thomas Austin

Respondent

Procedural Posture

Appeal / Judgment After Hearing on Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the High Court appeal lay as of right given the compensation awarded did not clearly amount to £300
  2. 2 Whether Westmen's Compensation is barred when injury arises from conduct prohibited by statute, but directed by employer
  3. 3 Interpretation of sec. 56a(1) of the Coal Mines Regulation Act 1912 (N.S.W.)

Ratio Decidendi

The appeal did not lie as of right because the judgment from which it was sought to appeal was not pronounced in respect of an amount or civil right of at least £300 as required by sec. 35(1) of the Judiciary Act 1903-1915, given the uncertainty of future weekly payments under the compensation award. On the substantive issue, the employer could not deny liability for compensation when the worker, acting on employer's direction or representation of lawfulness, used the road notwithstanding a statutory prohibition, absent serious or willful misconduct.

Court Disposition

Appeal dismissed with costs.

Orders

  • Application for leave to appeal granted.
  • Appeal dismissed.