Favelle Mort Ltd v Murray [1972] HCA 13

Favelle Mort Ltd v Murray [1972] HCA 13

The appeal was dismissed because, on the Commission's findings, the respondent contracted viral meningo-encephalitis while continuously in the course of his employment abroad or during employment-related travel, and the employment was a contributing factor to the contraction of the disease: it required him to be at...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Workers' Compensation Appeal / Appeal to the High Court of Australia From the Supreme Court of New South Wales Court of Appeal, Which Had Allowed the Worker's Appeal From the Workers' Compensation Commission and Remitted the Matter to the Commission.
Outcome
Appeal dismissed with costs.
Legal Topics
['disease as Injury' 'contributing Factor to Contraction of Disease' 'injury in the Course of Employment' 'viral Meningo Encephalitis' 'continuous Overseas Employment']
["workers' Compensation" 'employment Law' 'statutory Interpretation'] ['disease as Injury' 'contributing Factor to Contraction of Disease' 'injury in the Course of Employment' 'viral Meningo Encephalitis' 'continuous Overseas Employment']

Source-derived case record

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Procedural Posture

Workers' Compensation Appeal / Appeal to the High Court of Australia From the Supreme Court of New South Wales Court of Appeal, Which Had Allowed the Worker's Appeal From the Workers' Compensation Commission and Remitted the Matter to the Commission.

Legal Issues

  1. 1 ["Whether the respondent's viral meningo-encephalitis was an injury within s. 6 of the Workers' Compensation Act, 1926 N.S.W., as amended." 'Whether the respondent contracted the disease in the course of his employment.' "Whether the respondent's employment was a contributing factor to the contraction of the disease." 'Whether an externally caused disease can be an injury simpliciter without satisfying par. (a) of the definition of injury.']

Ratio Decidendi

The appeal was dismissed because, on the Commission's findings, the respondent contracted viral meningo-encephalitis while continuously in the course of his employment abroad or during employment-related travel, and the employment was a contributing factor to the contraction of the disease: it required him to be at the place and time where the virus entered his body. The statutory requirement did not require proof that the work specially exposed him to a greater risk or that the employment was the proximate cause of the disease.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']