Railways, Commissioner for v Farley [1958] HCA 52

Railways, Commissioner for v Farley [1958] HCA 52

Once an election under s. 100D is made in proper form, the statutory exclusion of a right to compensation or damages no longer applies; subsequent legal reforms mean that an employee's notice need not restrict him to compensation and may allow pursuit of damages.

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed with costs
Legal Topics
['election of Remedies Under Statutes' 'compensation or Damages' 'exclusionary Statutory Clauses']
['statutory Interpretation' 'employment' "workers' Compensation"] ['election of Remedies Under Statutes' 'compensation or Damages' 'exclusionary Statutory Clauses']

Source-derived case record

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether a notice of election that refers only to compensation under s. 100D is sufficient to negative the exclusion of the right to damages under the statute.' "Whether s. 100D of the Government Railways Act continues to operate in the manner contemplated by s. 63 of the Workers' Compensation Act 1926-1929 after reforms to the workers' compensation law."]

Ratio Decidendi

Once an election under s. 100D is made in proper form, the statutory exclusion of a right to compensation or damages no longer applies; subsequent legal reforms mean that an employee's notice need not restrict him to compensation and may allow pursuit of damages.

Court Disposition

appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']