Ivanhoe Gold Corporation Ltd v Symonds [1906] HCA 71

Ivanhoe Gold Corporation Ltd v Symonds [1906] HCA 71

Section 9 of the Workers' Compensation Act 1902 (WA) applies to all cases where a worker's action fails, whether through a defence of confession and avoidance or otherwise, and the court has jurisdiction to assess compensation and deduct costs even after formal judgment; a judgment not disposing of the alternative statutory claim may be amended to fulfill the statutory duty of assessment.

Parties
Appellant: Ivanhoe Gold Corporation Ltd; Respondent: Symonds
Jurisdiction
Australia
Judgment Date
13 November 1906
Procedural Posture
Appeal / High Court Appeal From Supreme Court of Western Australia
Outcome
Appeal allowed; order of Full Court discharged with costs.
Legal Topics
Amendment of Judgment, Assessment of Compensation, Election of Remedy, Estoppel, Costs
Workers' Compensation Civil Procedure Amendment of Judgment Assessment of Compensation Election of Remedy Estoppel Costs

Case Brief

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Parties

Ivanhoe Gold Corporation Ltd

Appellant

Symonds

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court of Western Australia

Legal Issues

  1. 1 Whether sec. 9 of Workers' Compensation Act 1902 (WA) applies when the plaintiff's action fails due to estoppel or election, allowing assessment of compensation
  2. 2 Whether the application for assessment of compensation under sec. 9 can be made after final judgment has been entered
  3. 3 Whether a final judgment may be amended to permit assessment of compensation

Ratio Decidendi

Section 9 of the Workers' Compensation Act 1902 (WA) applies to all cases where a worker's action fails, whether through a defence of confession and avoidance or otherwise, and the court has jurisdiction to assess compensation and deduct costs even after formal judgment; a judgment not disposing of the alternative statutory claim may be amended to fulfill the statutory duty of assessment.

Court Disposition

Appeal allowed; order of Full Court discharged with costs.

Orders

  • Order of Full Court discharged.
  • Order of McMillan J. assessing compensation restored.