Commonwealth v Matheson [1955] HCA 24

Commonwealth v Matheson [1955] HCA 24

The District Court erred in treating the respondent's compensation as a single First Schedule weekly award. Section 12 and the Third Schedule applied to the respondent's left leg injury although the same accident also caused other injuries. The evidence showed a partial, not total, permanent loss of efficient use of...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal in Commonwealth Employees' Compensation Proceedings / High Court Appeal From an Order of a Judge of the District Court of New South Wales
Outcome
Appeal allowed. No order as to costs of appeal. Order of the court below set aside except as to costs.
Legal Topics
["commonwealth Employees' Compensation Act 1930 1954" 'scheduled Injuries' 'partial Incapacity' 'multiple Injuries From One Accident' 'loss of Efficient Use of a Body Part']
["workers' Compensation" 'statutory Interpretation' 'appellate Jurisdiction'] ["commonwealth Employees' Compensation Act 1930 1954" 'scheduled Injuries' 'partial Incapacity' 'multiple Injuries From One Accident' 'loss of Efficient Use of a Body Part']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal in Commonwealth Employees' Compensation Proceedings / High Court Appeal From an Order of a Judge of the District Court of New South Wales

Legal Issues

  1. 1 ["Whether s. 12 and the Third Schedule of the Commonwealth Employees' Compensation Act 1930-1954 apply when an employee suffers multiple injuries in one accident and not all injuries are specified in the Third Schedule." "Whether the respondent's left leg injury caused total or partial permanent loss of the efficient use of the leg for the purposes of his employment at the date of injury." "What compensation should be awarded for the respondent's left leg injury and right hip injury."]

Ratio Decidendi

The District Court erred in treating the respondent's compensation as a single First Schedule weekly award. Section 12 and the Third Schedule applied to the respondent's left leg injury although the same accident also caused other injuries. The evidence showed a partial, not total, permanent loss of efficient use of the left leg for the purposes of his employment, assessed at fifty-five per cent. The respondent was therefore entitled to £515 12s. 6d. for the left leg under the Third Schedule, and, by agreement, weekly compensation for the right hip injury under the First Schedule on the basis of fifteen per cent of weekly pay from 28th December 1953 while the incapacity continued.

Court Disposition

Appeal allowed. No order as to costs of appeal. Order of the court below set aside except as to costs.

Orders

  • ["Order that under the Third Schedule of the Commonwealth Employees' Compensation Act 1930-1954 respondent be paid £515 12s. 6d. compensation for the injury to his left leg." 'Order that under the First Schedule of that Act par. 1 (c) as varied by par. 3 (b) compensation also be paid to the respondent on the basis...