Girlock (Sales) Pty Ltd v Hurrell [1982] HCA 15

High Court of Australia Stephen, Mason, Murphy, Aickin and Brennan JJ. Girlock (Sales) Pty Ltd v Hurrell [1982] HCA 15

ORDER Appeal allowed with costs. Cross appeal dismissed with costs. Order that the questions in the case stated be answered as follows: Question (a):Was there any evidence on which the Board could find that the personal injuries suffered by the applicant were not suffered by him without substantial default and wilful act on his part? Answer:Yes. Question (b):Did the Board err in law in holding that the applicant was not entitled to receive Workers' Compensation pursuant to s. 7(1a) of the Workers' Compensation Act in respect of the personal injuries suffered by him which resulted in serious and permanent disablement and which were not suffered without substantial default and wilful act on his part notwithstanding the provisions of s. 7(2)(c) of the Workers' Compensation Act? Answer:No.

Cur. adv. vult.

The following written judgments were delivered:—

1982, April 21 Stephen J.

The appeal and cross appeal in this case raise for decision questions concerned with the operation of the much-litigated Workers' Compensation Act 1912-1978 WA.

One evening in the winter of 1978 Graham Humphrey Hurrell, the manager of a branch of Girlock (Sales) Pty Ltd, was driving home from work. His journey home took him in a westbound direction along a multi-lane undivided highway. While travelling west along that highway his car somehow came to be broadside across the eastbound lanes and slid sideways in a westerly direction towards oncoming eastbound traffic. While thus at right angles to the opposing traffic flow it collided with an eastbound car; in consequence Hurrell suffered serious disabling injuries. The road surface was wet although it was not raining at the time.