McNicol v The Commonwealth [1969] HCA 18

McNicol v The Commonwealth [1969] HCA 18

The appellant's right to a non-service pension under s. 101 of the Repatriation Act 1920-1966 Cth was in respect of both McNicol's death and the myocardial infarction, because the injury had the necessary connection with war service and resulted in death. Section 17A (2), read with s. 4 (3), of the Commonwealth...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Commonwealth Employees' Compensation Claim / Appeal Against a Decision of a County Court Affirming Disallowance of Compensation
Outcome
Appeal dismissed with costs.
Legal Topics
['entitlement to Compensation for Death From Personal Injury by Accident Arising Out of or in the Course of Commonwealth Employment' "effect of Repatriation Act Pension Entitlement on Commonwealth Employees' Compensation" 'construction of the Expression "in Respect Of"']
["workers' Compensation" "repatriation and Veterans' Entitlements" 'statutory Interpretation'] ['entitlement to Compensation for Death From Personal Injury by Accident Arising Out of or in the Course of Commonwealth Employment' "effect of Repatriation Act Pension Entitlement on Commonwealth Employees' Compensation" 'construction of the Expression "in Respect Of"']

Source-derived case record

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Procedural Posture

Commonwealth Employees' Compensation Claim / Appeal Against a Decision of a County Court Affirming Disallowance of Compensation

Legal Issues

  1. 1 ["Whether the appellant's entitlement as a dependant to a pension under s. 101 of the Repatriation Act 1920-1966 Cth barred her claim for compensation under s. 17A (2), read with s. 4 (3), of the Commonwealth Employees' Compensation Act 1930-1967 Cth." 'Whether the pension was received "in respect of" the myocardial infarction as well as in respect of McNicol\'s death.']

Ratio Decidendi

The appellant's right to a non-service pension under s. 101 of the Repatriation Act 1920-1966 Cth was in respect of both McNicol's death and the myocardial infarction, because the injury had the necessary connection with war service and resulted in death. Section 17A (2), read with s. 4 (3), of the Commonwealth Employees' Compensation Act 1930-1967 Cth therefore barred the compensation claim.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']