Weston v Great Boulder Gold Mines Ltd [1964] HCA 59

High Court of Australia Barwick C.J. Kitto, Menzies, Windeyer and Owen JJ. Weston v Great Boulder Gold Mines Ltd [1964] HCA 59

ORDER Appeal allowed with costs. Order of Supreme Court set aside and in lieu thereof order that the questions asked by the Workers' Compensation Board be answered as follows:—

1. No.

2.

(a) Unnecessary to answer.

(b) No.

Cur. adv. vult.

The following written judgments were delivered:—

Oct. 15 Barwick C.J.

In this case I have had the advantage of reading the judgments about to be delivered by Menzies J. and Owen J. I am in agreement with them as to the fate of this appeal. I agree with the reasons they each advance for deciding that the appellant suffered an injury by accident in the course of his employment and do not desire to add anything myself to these reasons. However, I would find it unnecessary to decide in this case whether or not the appellant's injury arose out of his employment and, consequently, I say nothing at all on that question. I find no need myself to make any reservation as does Menzies J. as to what the result should be if the appellant had actually expected that at some time or other, or for that matter at his work, the man X would violently attack him. The precise nature and timing of the attack would, in my opinion, be none the less unexpected in the relevant sense.

I agree that the questions should be answered: (1) No. (2) (a) Unnecessary to answer. (b) No and that the appeal should be allowed.

Kitto J.

I am of the same opinion and have nothing to add.

Menzies J.

It has been established since Fenton v. Thorley & Co. Ltd. [1] that when a worker is injured in his employment by an unlooked-for mishap or an untoward event which is not expected or designed by the worker himself, there is injury by accident for the purposes of the Workers' Compensation Act: see Clover, Clayton & Co. Ltd. v. Hughes [2] ; Trim Joint District School Board of Management v. Kelly [3] and McGuire v. Union Steamship Co. of New Zealand [4] . It has recently been decided by this Court that when a worker is so injured while he is working, injury by accident arises in the course of his employment: see Kavanagh v. The Commonwealth [5] .