Laumets v Commissioner for Railways (NSW) [1953] HCA 84

High Court of Australia Dixon C.J. Webb and Kitto JJ. Laumets v Commissioner for Railways (NSW) [1953] HCA 84

ORDER Appeal dismissed with costs.

The Court delivered the following written judgment:—

Dec. 3 Dixon C.J., Webb and Kitto JJ.

This is an appeal from an order of the Supreme Court of New South Wales made upon a case stated by the Workers' Compensation Commission. The case was stated at the instance of the respondent to this appeal, the Commissioner for Railways, against whom an award had been made by the Commission.

The question raised for decision depends on s. 47 (1) of the Workers' Compensation Act 1926-1948 N.S.W. as that sub-section stood before the amendments made by Act No. 20 of 1951. The provision was as follows:—This Act shall apply to workers employed by or under the Crown or any Government department to whom this Act would apply if the employer were a private person; but any such worker shall not, save to the extent indicated in sub-section two of this section, be entitled to receive compensation or benefits under this Act as well as benefits under any other Act. Sub-section (2) spoke of the worker electing to make his claim "under this Act", and, in the event of death or disablement, it conferred certain rights to a refund of contributions made to a statutory superannuation account. Sub-section (3) then saved rights under the Family Endowment Act 1927-1938 N.S.W. or the Widows' Pension Act 1925-1942 N.S.W.. After the date of the injury sustained by the present appellant but before he took proceedings before the Workers' Compensation Commission in respect of the injury, Act No. 20 of 1951 was passed repealing the words in sub-s. (1) "but any such worker shall not, save to the extent indicated in subsection two of that section, be entitled to receive compensation or benefits under this Act as well as benefits under any other Act". Sub-sections (2) and (3) were also repealed.