THURN v IRELAND [1997] NSWCA 319

THURN v IRELAND [1997] NSWCA 319

There was no evidence to support the findings that the appellant was on a periodic journey or had voluntarily subjected himself to an abnormal risk of injury; therefore, the judge erred in law and the appeal must be allowed.

Parties
Appellant: Thurn; Respondent: Ireland
Jurisdiction
Australia
Judgment Date
05 August 1997
Procedural Posture
Workers Compensation Appeal / Appeal From Compensation Court Decision
Outcome
Appeal allowed
Legal Topics
Compensable Injuries, Scope of Employment, Recess Journey, Periodic Journey, Error of Law
Workers Compensation Compensable Injuries Scope of Employment Recess Journey Periodic Journey Error of Law

Case Brief

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Parties

Thurn

Appellant

Ireland

Respondent

Procedural Posture

Workers Compensation Appeal / Appeal From Compensation Court Decision

Legal Issues

  1. 1 Whether there was evidence to support the trial judge's finding that the appellant was on a periodic journey under s10 Workers Compensation Act 1987
  2. 2 Whether there was evidence to support that the appellant voluntarily subjected himself to an abnormal risk of injury under s11(b) Workers Compensation Act 1987

Ratio Decidendi

There was no evidence to support the findings that the appellant was on a periodic journey or had voluntarily subjected himself to an abnormal risk of injury; therefore, the judge erred in law and the appeal must be allowed.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Respondent to pay appellant weekly compensation under s11 Workers Compensation Act, in the sum of $547.00 per week from 18 August 1994 until 17 February 1995, and thereafter at the statutory rate for himself and two dependent children and continuing, together with interest on arrears at 3% per annum