Wyper v Hetton Bellbird Collieries Ltd [1960] HCA 81

Wyper v Hetton Bellbird Collieries Ltd [1960] HCA 81

Because the relevant date for calculating compensation was the date of the worker's incapacity, and that date was agreed to be 19th October 1954, the widow's compensation was to be calculated under s. 8 (1) (a) as it stood after the 1953 amendment rather than as it stood in 1947.

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Workers' Compensation Appeal / Appeal to the High Court of Australia From an Order of the Supreme Court on a Stated Case
Outcome
Appeal allowed with costs.
Legal Topics
['pneumoconiosis' 'death of Worker' "widow's Compensation" 'calculation of Compensation' 'temporal Application of Statutory Amendments' 'date of Incapacity']
["workers' Compensation"] ['pneumoconiosis' 'death of Worker' "widow's Compensation" 'calculation of Compensation' 'temporal Application of Statutory Amendments' 'date of Incapacity']

Source-derived case record

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Procedural Posture

Workers' Compensation Appeal / Appeal to the High Court of Australia From an Order of the Supreme Court on a Stated Case

Legal Issues

  1. 1 ["Whether the amount of compensation payable to the widow under s. 8 (1) (a) of the Workers' Compensation Act, 1926 N.S.W., as amended, was to be calculated by reference to the provision as it stood in 1954 or as it stood in 1947." "Whether the relevant date for applying s. 8 (1) (a) was the date the worker ceased employment or the date of the worker's incapacity from pneumoconiosis."]

Ratio Decidendi

Because the relevant date for calculating compensation was the date of the worker's incapacity, and that date was agreed to be 19th October 1954, the widow's compensation was to be calculated under s. 8 (1) (a) as it stood after the 1953 amendment rather than as it stood in 1947.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Discharge the order of the Supreme Court.' 'In lieu thereof question (1) in the stated case be answered: No, and question (2) be answered: No.' 'The appeal to the Supreme Court be dismissed with costs.']