Hawkins v Commonwealth [1966] HCA 66

Hawkins v Commonwealth [1966] HCA 66

The appellant's partial incapacity resulted from cumulative accidental injuries during employment from 1963 to 1966, and compensation should be based on his salary during that period, not 1957; therefore, weekly compensation is payable.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed with costs.
Legal Topics
['employee Compensation' 'injury by Accident' 'partial Incapacity']
['employment Law' 'compensation Law'] ['employee Compensation' 'injury by Accident' 'partial Incapacity']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether appellant's incapacity was caused by accident arising out of employment" 'Proper salary reference date for calculating compensation under the Act']

Ratio Decidendi

The appellant's partial incapacity resulted from cumulative accidental injuries during employment from 1963 to 1966, and compensation should be based on his salary during that period, not 1957; therefore, weekly compensation is payable.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Order of Special Magistrate set aside.' "Appeal from Delegate of Commissioner for Employees' Compensation allowed and determination set aside." 'Award for payment of compensation at the rate of $10.53 per week as from 1st February 1966 in favour of appellant.' "Appellant's costs of appeal to Special Magistrate...