Walker v Wilson [1991] HCA 8

Walker v Wilson [1991] HCA 8

The appellant's injuries were compensable because s. 19(1)(a)(iii) applied: he had temporarily resided in Wickham for the purposes of his employment, his parents' house in Perth was his place of residence when not so temporarily residing, his return journey after peremptory termination was reasonable and consistent with the terms and conditions of employment, and the day spent obtaining funds and preparing the car for a 1,500 km journey was not a substantial interruption or deviation.

Jurisdiction
Australia
Procedural Posture
Workers' Compensation Appeal / Appeal to the High Court of Australia From the Full Court of the Supreme Court of Western Australia
Outcome
Appeal allowed with costs; orders of the Full Court of the Supreme Court of Western Australia set aside; matter remitted to the Workers' Compensation Board of Western Australia for further determination according to law.
Legal Topics
['journey Claims' 'personal Injury by Accident Arising Out of or in the Course of Employment' 'temporary Residence' 'place of Residence' 'substantial Interruption or Deviation']
["workers' Compensation" 'employment Law'] ['journey Claims' 'personal Injury by Accident Arising Out of or in the Course of Employment' 'temporary Residence' 'place of Residence' 'substantial Interruption or Deviation']

Case Brief

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Procedural Posture

Workers' Compensation Appeal / Appeal to the High Court of Australia From the Full Court of the Supreme Court of Western Australia

Legal Issues

  1. 1 ["Whether the appellant's injuries sustained while travelling from Wickham to Perth were deemed to have been suffered by accident arising out of or in the course of employment under s. 19(1)(a)(iii) of the Workers' Compensation and Assistance Act 1981 W.A." "Whether the appellant's parents' home in Perth was his place of residence when not temporarily residing in Wickham for the purposes of s. 19(1)(a)(iii)." 'Whether the journey from Wickham to Perth was reasonable in the circumstances for the appellant to take.' "Whether the journey was undertaken in accordance with the terms and conditions of the appellant's employment." "Whether the appellant's delay in obtaining funds and preparing his car constituted a substantial interruption or substantial deviation from the journey."]

Ratio Decidendi

The appellant's injuries were compensable because s. 19(1)(a)(iii) applied: he had temporarily resided in Wickham for the purposes of his employment, his parents' house in Perth was his place of residence when not so temporarily residing, his return journey after peremptory termination was reasonable and consistent with the terms and conditions of employment, and the day spent obtaining funds and preparing the car for a 1,500 km journey was not a substantial interruption or deviation.

Court Disposition

Appeal allowed with costs; orders of the Full Court of the Supreme Court of Western Australia set aside; matter remitted to the Workers' Compensation Board of Western Australia for further determination according to law.

Orders

  • ['Appeal allowed with costs.' 'Set aside the orders of the Full Court of the Supreme Court of Western Australia.' 'The appeal to the Full Court of the Supreme Court of Western Australia be allowed with costs.' "The judgment of the Workers' Compensation Board of Western Australia given on 18 October 1988 be set...