Downs v Williams [1971] HCA 45

High Court of Australia McTiernan, Menzies, Windeyer, Owen and Gibbs JJ. Downs v Williams [1971] HCA 45

ORDER Appeal allowed. Order of the Court of Appeal set aside. In lieu thereof order that the appeal of the appellant to that Court from the District Court be allowed with costs. Costs of the appeal to this Court to be paid by the appellant pursuant to the order granting special leave to appeal.

Cur. adv. vult.

The following written judgments were delivered:—

Oct. 11 McTiernan J.

In this case the plaintiff (respondent) by his next friend sues the defendant (appellant) who is a nominal defendant duly appointed pursuant to s. 3 of the Claims against the Government and Crown Suits Act, 1912 N.S.W., for damages for personal injuries which the plaintiff alleges that he suffered while operating a grinding wheel at Bankstown Technical College where he was a pupil. He alleged in his particulars of claim that the Government of New South Wales, whom the defendant represents, is liable in damages for conduct contrary to certain sections of the Factories, Shops and Industries Act, 1962 N.S.W. which deal with the fencing of dangerous machinery. Bankstown Technical College was alleged to be in the care and control of the Government of New South Wales and also to be a factory within the meaning of the Factories, Shops and Industries Act.

In the first place the Factories, Shops and Industries Act does not in express terms bind the Crown and there are no words in the Act which clearly imply the intention that the Crown should be bound by the Act or any provision of it. But the defendant relies upon s. 3 and s. 4 of the Claims against the Government and Crown Suits Act as imposing liability on the Government of New South Wales for the plaintiff's injuries. These sections read as follows: