High Court of Australia
Mo. aw 176
ORIGINAL *
IN THE HIGH COURT OF AUSTRALIA
_.. HE. COMMONWEALTH OF AUSTRALTA
PUBT CHER ee
yng
t REASONS FOR JUDGMENT
Judgment delivered at____Sydney
THE COMMONWEALTH OF AUSTRALIA
g
Appeal allowed. Order appealed from discharged. Order that appeal to County Court be dismissed. Appellant, Commonwealth of
Australia, to pay respondent's costs of this appeal.
THE COMMONWEALTH OF AUST! A
. Ve
FLETCHER
TUDGHE! DIXON C.J. TAYLOR Je OWEN Je
THE. yea Ui L
ve
FLETC.
This is an appeal, which lies on both fact and law, from orders of the County Court at Melbourne upholding an appeal against a decision of the Delegate of the Commissioner for Employees' Compensation who disallowed a claim for compensation made by the widow of one Geoffrey Eric Fletcher who died from cancer on 13th April, 1959. The learned County Court Judge, having upheld that appeal, made an award in favour of the applicant holding that Fletcher's death resulted from personal injury by accident arising out of or in the course of his employment by the Commonwealth. Prior to his death Fletcher was an officer of the Department of Civil Aviation and between May 1955 and January 1957 was the Officer-in-Charge of the aerodrome at Oodnadatta. He had a small congenital mole on his right arm just ahove the elbow and during the time he was at Oodnadatta a melanoma developed at the site of the mole and this finally led to his death. The evidence was that Fletcher's duties at Oodnadatta required him to spend about one half of his working hours in the sun and that his normal dress while at work - and no doubt also when he was off duty - consisted of shorts and a short-sleeved shirt or singlet. The evidence showed also that cloudless skies, clear atmospheric conditions and high temperatures usually prevail at Oodnadatta and that by reason of these facts the radiation of ultra violet rays from the sun is considerably greater than that which occurs in places where these conditions do not exist. In his short opening address to the learned County Court Judge who heard the application, counsel for the applicant said that he would show
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