Stewart v Metropolitan Water Sewerage and Drainage Board [1932] HCA 45

Stewart v Metropolitan Water Sewerage and Drainage Board [1932] HCA 45

The majority held that as the deceased's employment as an overseer required his presence over the area of the job and the primus stove was used in job-related activities, the risk attached to being on site was incident to his work even if the precise activity was not a direct part of his duties. The injury was thus...

Source-derived case information.

Parties
Applicants: Stewart and Others; Respondent: The Metropolitan Water, Sewerage and Drainage Board
Jurisdiction
Australia
Procedural Posture
Workers' Compensation Appeal / On Appeal From the Supreme Court of New South Wales (full Court); Judgment of High Court
Outcome
Appeal allowed
Legal Topics
Course of Employment, Arising Out of Employment, Injury During Employment, Supervising Contractor's Work, Interpretation of Workers' Compensation Act
Workers' Compensation Employment Law Course of Employment Arising Out of Employment Injury During Employment Supervising Contractor's Work Interpretation of Workers' Compensation Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stewart and Others

Applicants

The Metropolitan Water, Sewerage and Drainage Board

Respondent

Procedural Posture

Workers' Compensation Appeal / On Appeal From the Supreme Court of New South Wales (full Court); Judgment of High Court

Legal Issues

  1. 1 Whether the injury sustained by an overseer while sitting near a contractor's employee boiling a billy for lunch, which resulted from an explosion of a primus stove, arose 'out of' and 'in the course of' employment under the Workers' Compensation Act 1926-1929 (NSW).

Ratio Decidendi

The majority held that as the deceased's employment as an overseer required his presence over the area of the job and the primus stove was used in job-related activities, the risk attached to being on site was incident to his work even if the precise activity was not a direct part of his duties. The injury was thus found to have arisen out of and in the course of the deceased’s employment within the meaning of the Workers’ Compensation Act 1926-1929 (NSW).

Court Disposition

Appeal allowed

Orders

  • Order of the Supreme Court discharged
  • Case remitted to the Workers' Compensation Commission with the direction that the question of law referred be answered in the affirmative