Butt v John W Eaton Limited [1920] HCA 72

Butt v John W Eaton Limited [1920] HCA 72

There was evidence to support the District Court Judge's finding of reasonable cause for the applicant's failure to claim within the statutory period, so the award of compensation was properly made.

Parties
Applicant: Frederick Butt; Respondent: John W. Eaton Limited
Jurisdiction
Australia
Judgment Date
15 November 1920
Procedural Posture
Appeal / On Appeal From Supreme Court of New South Wales
Outcome
appeal allowed
Legal Topics
Workmen's Compensation, Procedure for Claims, Limitation Periods
Employment Law Workmen's Compensation Procedure for Claims Limitation Periods

Case Brief

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Parties

Frederick Butt

Applicant

John W. Eaton Limited

Respondent

Procedural Posture

Appeal / On Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether failure to make a claim for compensation within the statutory period bars proceedings
  2. 2 Whether there was reasonable cause for not making the claim within time under Workmen's Compensation Act 1916 (N.S.W.), sec. 6

Ratio Decidendi

There was evidence to support the District Court Judge's finding of reasonable cause for the applicant's failure to claim within the statutory period, so the award of compensation was properly made.

Court Disposition

appeal allowed

Orders

  • Judgment of Supreme Court of New South Wales reversed
  • Award of District Court Judge reinstated