Johnston v Commonwealth [1982] HCA 54

Johnston v Commonwealth [1982] HCA 54

The deceased suffered an aggravation of cancer because timely diagnosis and treatment in 1970 would probably have prolonged his life, and the failure to diagnose and treat resulted in a worsening compared with the disease's proper course under medical management. His Commonwealth employment contributed to that aggravation because, as a serving naval member expected to use service medical facilities, he sought treatment through those facilities and the failure occurred in the course of and directly related to his employment. The symptoms evidencing the aggravation were not shown to have first become apparent before 1 September 1971, so the 1971 Act applied.

Jurisdiction
Australia
Procedural Posture
Compensation Claim Appeal / Appeal to the High Court of Australia From the Full Court of the Federal Court of Australia
Outcome
Appeal allowed with costs.
Legal Topics
['aggravation of Disease' 'contribution by Commonwealth Employment' 'transitional Application of Compensation Legislation' 'failure to Diagnose and Treat Disease']
['workers Compensation' 'employment Law' 'military Service Compensation'] ['aggravation of Disease' 'contribution by Commonwealth Employment' 'transitional Application of Compensation Legislation' 'failure to Diagnose and Treat Disease']

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

Compensation Claim Appeal / Appeal to the High Court of Australia From the Full Court of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether there was an aggravation of a disease within the meaning of the Compensation (Commonwealth Government Employees) Act 1971 Cth.' 'Whether the employment by the Commonwealth contributed to the aggravation of the disease.' "Whether the Compensation (Commonwealth Government Employees) Act 1971 Cth applied to the claim rather than the Commonwealth Employees' Compensation Act 1930 Cth."]

Ratio Decidendi

The deceased suffered an aggravation of cancer because timely diagnosis and treatment in 1970 would probably have prolonged his life, and the failure to diagnose and treat resulted in a worsening compared with the disease's proper course under medical management. His Commonwealth employment contributed to that aggravation because, as a serving naval member expected to use service medical facilities, he sought treatment through those facilities and the failure occurred in the course of and directly related to his employment. The symptoms evidencing the aggravation were not shown to have first become apparent before 1 September 1971, so the 1971 Act applied.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Appeal allowed with costs.' 'Judgment of the Full Court of the Federal Court of Australia set aside and in lieu thereof order that the appeal to that Court be dismissed with costs.']