McCURRY v LAMB [1992] NSWCA 169

McCURRY v LAMB [1992] NSWCA 169

The worker's injuries arose in the course of his employment because he was induced or encouraged to stay at the camp and sleeping there was incidental to employment, fitting the expanded definition from Hatzimanolis v ANI.

Parties
Respondent: McCurry; Appellant: Lamb
Jurisdiction
Australia
Judgment Date
09 December 1992
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Course of Employment, Injury in Accommodation, Employer Liability
Workers Compensation Employment Law Course of Employment Injury in Accommodation Employer Liability

Case Brief

Summary, issues, holding and outcome

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Parties

McCurry

Respondent

Lamb

Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the worker's injury arose 'in the course of' his employment
  2. 2 Employer liability for injury sustained during intervals between work
  3. 3 Effect of employer-provided accommodation on compensation eligibility

Ratio Decidendi

The worker's injuries arose in the course of his employment because he was induced or encouraged to stay at the camp and sleeping there was incidental to employment, fitting the expanded definition from Hatzimanolis v ANI.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.