MARY PATRICIA MCMAHON V. FREMANTLE HARBOUR TRUST COMMISSIONERS

IN THE HIGH COURT OF AUSTRALIA.

BETWEEN:

MARY PATRICIA McM AHON

Lica nt Cibsetiant)

- and -

FREMANTLE HARBOUR TRUST COMMISSIONERS.

Respondents. (Respondents)

JguodDG MENT -

Transcipt by: Hales Reporters, 23 Barreck St. PERTH. W.A.

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IN THE HIGH COURT OF AUSTRALIA.

WESTERN AUSTRALIAN REGISTRY ON APPEAL from the Full Court of the Supreme Oourt

of Western A ustrajia.

APPEAL NO. 5 of 1948

BET W EM W:-

MARY PATRICIA McMAHON

(Applicant) Appellant.

- and -

FREMANTLE HARBOUR TRUST COMMISSIONERS.

(Respondents. ) Respondents.

GEDNESDAY, 8th SEPTEMBERZ 1948.

Coram:~ LATHAM, C.J. RICH, J. OWEN-DIXON, J.

* McTIERNAN, J.

LATHAM, O.J.: This is an appeal from an order of the Full Court of the Supreme Oourt setting aside an order in favour of the dependant of a Worker who died on the 18th June, 1947. The claim under the Workers Compensation Act Was based upon the happening of an accident to the worker on the 25th April, 1946. He Was a wharf lumper and on that day in the course of his work incurred a strain in the shoulder, and apparently a rib Was broken. He Was unable to work, and weekly payments were made to him for a period of six months. The evidence of one of his daughters show- ed that he fell into a state of acute depressiony Proposals were

made for a settlement of his claim, and on the 17th June, 1947 an

offer of £124, or thereabouts, in full settlement of hie claim Was received. His daughter gave evidence that the receipt of this Letter and the offer of 50 small a sum affected him profound- ly. He died on the 18th June. An award Was made by the Local Court on the basis of death being due to the accident in April, 1946.

There Was much medical evidence with respect to the condition of the deceased worker. It is conceded that the onus is upon the claimant to establish that death was due to the accident.