Johnston v Commissioner for Railways [1973] HCA 46

Johnston v Commissioner for Railways [1973] HCA 46

For the purposes of assessing compensation for partial incapacity under s. 11(1)(a), the 'same or some comparable employment' means the same or comparable occupation, allowing consideration of prospective advancements and promotions that the injured worker probably would have attained but for the injury; thus, the amount to be taken into account includes what the worker would probably have earned had he continued in that occupation.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From the Supreme Court of New South Wales Court of Appeal Division to the High Court of Australia
Outcome
Appeal allowed
Legal Topics
['meaning of Employment Under Compensation Provisions' 'assessment of Compensation for Partial Incapacity' "interpretation of Workers' Compensation Act 1926 (nsw) S 11(1)(a)"]
["workers' Compensation" 'statutory Interpretation'] ['meaning of Employment Under Compensation Provisions' 'assessment of Compensation for Partial Incapacity' "interpretation of Workers' Compensation Act 1926 (nsw) S 11(1)(a)"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Appeal From the Supreme Court of New South Wales Court of Appeal Division to the High Court of Australia

Legal Issues

  1. 1 ["What is the proper construction of 'continued to be employed in the same or some comparable employment' in s. 11(1)(a) of the Workers' Compensation Act 1926 (NSW)?" 'In assessing weekly compensation payments for partial incapacity, should likely future promotions or occupational progression of a worker be taken into account?']

Ratio Decidendi

For the purposes of assessing compensation for partial incapacity under s. 11(1)(a), the 'same or some comparable employment' means the same or comparable occupation, allowing consideration of prospective advancements and promotions that the injured worker probably would have attained but for the injury; thus, the amount to be taken into account includes what the worker would probably have earned had he continued in that occupation.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Supreme Court of New South Wales Court of Appeal Division set aside' 'In lieu thereof, order that the appeal to that Court be dismissed with costs' 'Appellant awarded costs']