Geraldton Building Co Pty Ltd v May [1977] HCA 17

Geraldton Building Co Pty Ltd v May [1977] HCA 17

By majority, the respondent's right to Second Schedule lump sum compensation did not vest, and the appellant's liability to pay it did not arise, until the respondent made his election under s. 7 (3) (a). Because the election occurred after the 1973 amendments, applying the amended Second Schedule did not impermissibly disturb an accrued right or liability. The respondent was therefore entitled to compensation calculated according to the Act as in force at the date of election.

Jurisdiction
Australia
Procedural Posture
Workers' Compensation Appeal / Appeal to the High Court of Australia From a Judgment of the Full Court of the Supreme Court of Western Australia on a Case Stated From the Workers' Compensation Board of Western Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['second Schedule Lump Sum Compensation' 'date for Assessment of Compensation' 'effect of Statutory Amendments' 'prospective Operation of Amending Legislation' 'election by Worker Under S. 7 (3)']
["workers' Compensation" 'statutory Interpretation'] ['second Schedule Lump Sum Compensation' 'date for Assessment of Compensation' 'effect of Statutory Amendments' 'prospective Operation of Amending Legislation' 'election by Worker Under S. 7 (3)']

Case Brief

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Procedural Posture

Workers' Compensation Appeal / Appeal to the High Court of Australia From a Judgment of the Full Court of the Supreme Court of Western Australia on a Case Stated From the Workers' Compensation Board of Western Australia

Legal Issues

  1. 1 ["Whether the respondent's compensation under the Second Schedule to the Workers' Compensation Act, 1912-1975 W.A. was to be calculated by reference to the provisions in force at the date of injury or at the date of his election under s. 7 (3)." 'Whether the words "where the worker so elects" in s. 7 (3) made the worker\'s election the event on which liability for Second Schedule compensation arose.' 'Whether the 1973 amendments affected a worker injured before those amendments but electing after they came into operation.']

Ratio Decidendi

By majority, the respondent's right to Second Schedule lump sum compensation did not vest, and the appellant's liability to pay it did not arise, until the respondent made his election under s. 7 (3) (a). Because the election occurred after the 1973 amendments, applying the amended Second Schedule did not impermissibly disturb an accrued right or liability. The respondent was therefore entitled to compensation calculated according to the Act as in force at the date of election.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']