Commonwealth v Butler [1958] HCA 56

Commonwealth v Butler [1958] HCA 56

The appeal was allowed because the evidence showed that the deceased's prior coronary occlusions, including the September 1955 occlusion assumed to be compensable, may have left his heart impaired and made a later occlusion more likely to be fatal, but the September 1955 occlusion and the fatal July 1957 occlusion were separate and distinct events. The finding that the earlier occlusion was a contributing cause in the sense that it reduced the deceased's chance of surviving a later occlusion did not establish that his death resulted from that injury within the meaning of the Act.

Jurisdiction
Australia
Procedural Posture
Commonwealth Employees' Compensation Claim / High Court Appeal From an Order of the County Court Made on Appeal From the Commissioner for Employees' Compensation
Outcome
Appeal allowed.
Legal Topics
["commonwealth Employees' Compensation" 'coronary Occlusion' 'causation' 'death Resulting From Injury' 'personal Injury by Accident Arising Out of or in the Course of Employment']
["workers' Compensation" 'employment Law'] ["commonwealth Employees' Compensation" 'coronary Occlusion' 'causation' 'death Resulting From Injury' 'personal Injury by Accident Arising Out of or in the Course of Employment']

Case Brief

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Procedural Posture

Commonwealth Employees' Compensation Claim / High Court Appeal From an Order of the County Court Made on Appeal From the Commissioner for Employees' Compensation

Legal Issues

  1. 1 ["Whether the deceased's death in July 1957 resulted from the coronary occlusion suffered in September 1955 within the meaning of the Commonwealth Employees' Compensation Act 1930-1956." 'Whether evidence that the September 1955 occlusion was a contributing cause, by reducing the efficiency of the heart and making survival of a later occlusion less likely, was sufficient to establish liability for compensation.' "Whether the County Court's finding that the September 1955 occlusion contributed to death was sufficient to support an award of compensation."]

Ratio Decidendi

The appeal was allowed because the evidence showed that the deceased's prior coronary occlusions, including the September 1955 occlusion assumed to be compensable, may have left his heart impaired and made a later occlusion more likely to be fatal, but the September 1955 occlusion and the fatal July 1957 occlusion were separate and distinct events. The finding that the earlier occlusion was a contributing cause in the sense that it reduced the deceased's chance of surviving a later occlusion did not establish that his death resulted from that injury within the meaning of the Act.

Court Disposition

Appeal allowed.

Orders

  • ['Appeal allowed.' "Pursuant to the agreement of the appellant Commonwealth, the appellant is to pay the respondent's costs of this appeal." 'Discharge the order of the Judge of the County Court.' "In lieu thereof, order that the respondent's appeal to the County Court be dismissed with costs to be taxed on the...