High Court of Australia
IN THE HIGH COURT OF
HAPOLE
ARTHUR _H. STEPHENS (N.S.W.) PTY. LTD.
ve
NAPOLI
Appeal dismissed with costs.
ARTHUR _H. STEPHENS (N.S.W.) PTY. LTD.
ve
NAPOLI
JUDGMENT BARWICK C.J. (ORAL)
ARTHUR H. STEPHENS (N.S.W.) PTY. LTD.
Ve
NAPOLI
In my opinion the conclusion of the learned Chairman of the Commission was right but, in my opinion, rather for the reason I would give than for the one he gave. In my opinion, there was no substantial interruption of this journey. His Honour evidently believed that the worker arrived at the garage from his place of work and stayed there a considerable time while his cycle was repaired to enable him to continue on towards his home. In my opinion, he ought to have held that this constituted no substantial interruption of his journey. What occurred at the garage was, in my opinion, no more than a halt in the progress of the worker's journey homewards. He did not turn aside to engage, however briefly, in any other activity than journeying home. The halt so far as he was concerned was involuntary; none the less so because, at least in theory, he might have sought other means of transport than his cycle to finish the journey. No doubt there may be occasions where an
involuntary cessation.of journeying will amount to a relevant
interruption of the journey: but, in general, in my opinion, such an interruption will be the result of a voluntary act on the part of the worker. The provision of the Act as to injury received in the periodic journey is for the benefit
of the worker: the qualification as to a substantial interruption or deviation ought to be construed as in general
involving conduct of the worker. The provision of the Act
2.
as to injury received on the periodic journey is for the benefit of the worker: the qualification as to a substantial interruption or deviation ought to be construed as in general involving conduct of the worker. What subsequently occurred, i.e. after he had left the garage and before he reached his home, did, as his Honour found, occur in the course of his periodic journey between the place of work and the place of residence.
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