Tooth & Co Ltd v Tillyer [1956] HCA 49
Section 64 of the Workers' Compensation Act only applies if the worker's injury is caused under circumstances creating a legal liability in some person other than the employer to pay damages. Because, both at common law and under statute, a wife cannot sue her husband in tort for personal injuries, no such liability arises and therefore the employer has no right of indemnity from the negligent spouse.
- Jurisdiction
- Australia
- Procedural Posture
- Application for Special Leave to Appeal / Application for Special Leave Refused
- Outcome
- Application for special leave refused.
- Legal Topics
- ['statutory Interpretation' 'indemnity' "married Women's Legal Capacity" 'tort Liability Between Spouses']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave Refused
Legal Issues
- 1 ["Whether s. 64 of the Workers' Compensation Act 1926-1954 (NSW) entitles an employer to indemnity from a worker's spouse when the worker's injury was caused by the spouse's negligence but no action in tort could be brought by one spouse against the other."]
Ratio Decidendi
Section 64 of the Workers' Compensation Act only applies if the worker's injury is caused under circumstances creating a legal liability in some person other than the employer to pay damages. Because, both at common law and under statute, a wife cannot sue her husband in tort for personal injuries, no such liability arises and therefore the employer has no right of indemnity from the negligent spouse.
Court Disposition
Application for special leave refused.
Orders
- ['Application for special leave refused.']
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