Fogarty v Dowerin Road Board [1935] HCA 60

Fogarty v Dowerin Road Board [1935] HCA 60

The Road Board is liable for workers' compensation to Fogarty because his employment relationship continued during the temporary lending of his services to Harley, the lending was within the incidental powers of the Board, and acted under the authority of Board officers; the relevant statutory provision deems the original employer liable in such circumstances.

Parties
Appellant: Joseph Patrick Fogarty; Respondent: Dowerin Road Board
Jurisdiction
Australia
Procedural Posture
Appeal / Judgment on Appeal From the Supreme Court of Western Australia
Outcome
appeal allowed
Legal Topics
Temporary Lending of Worker's Services, Scope of Employment, Employer's Liability for Lent Workers, Ultra Vires Acts by Public Bodies
Employment Law Workers' Compensation Temporary Lending of Worker's Services Scope of Employment Employer's Liability for Lent Workers Ultra Vires Acts by Public Bodies

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Parties

Joseph Patrick Fogarty

Appellant

Dowerin Road Board

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Supreme Court of Western Australia

Legal Issues

  1. 1 Whether the Road Board is liable for compensation for an injury sustained by a worker while his services were temporarily lent to a private person.
  2. 2 Whether the lending of services was within the scope of the Board's statutory powers or the authority of its officers.
  3. 3 Whether the employment relationship continued during the lending of services.

Ratio Decidendi

The Road Board is liable for workers' compensation to Fogarty because his employment relationship continued during the temporary lending of his services to Harley, the lending was within the incidental powers of the Board, and acted under the authority of Board officers; the relevant statutory provision deems the original employer liable in such circumstances.

Court Disposition

appeal allowed

Orders

  • Judgment of Local Court restored.
  • Respondent to pay costs in this Court and in the Supreme Court.