British Broken Hill Proprietary Company Limited v Simmons [1921] HCA 52

102 HIGH COURT 19

[HIGH COURT OF AUSTRALIA.)

THE BRITISH BROKEN HILL PRO- }

PRIETARY COMPANY LIMITED Are

AND

DAVID SIMMONS 7 ' A 5 ts REsPoNnDENT.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A, Workmen's Compensation—Review of compensation—Maximum weekly payment— 1921. —Accident before amending Act—Statute—Interpretation—Retrospective opera- ee tion—Workmen's Compensation Act 1916 (N.S.W.) (No. 71 of 1916), secs 2, 3,

SypnEy, ; Sched. I., pars. 1 (b), 16—Workmen's Compensation (Amendment) Act 1920

Nov. 10, 11, — (N.S.W.) (No. 45 of 1920), secs. 1, 2, 3—Interpretation Act 1897 (N.S.W.) 24. (No. 4 of 1897), sec. 8.

ioe 3. The Workmen's Compensation Act 1916 (N.S.W.), by sec. 5 (1), provides

Cae that "If in any employment personal injury . . . is caused to a workman, —

Starke JJ. his employer shall, subject as hereinafter mentioned, be liable to pay compensa-

tion in accordance with the Schedule One," Schedule One, by par. 1 (b), provides (so far as is material) as follows: "where total or partial incapacity for work results from the injury, a weekly payment during the incapacity not exceeding fifty per cent. of his average weekly earnings during the previous twelve months, . . . such weekly payment not to exceed two pounds, and the total liability in respect thereof shall not exceed seven hundred and fifty pounds." By par, 16 it provides that " any weekly payment may be reviewed at the request either of the employer or of the workman, and on such review" may be ended, diminished, or increased, subject to the maximum above provided," &¢. The Workmen's Compensation (Amendment) Act 1920 (N.S.W.), by sec. 1, is to be construed with the Workmen's Compensation Act 1916; by sec. 2, gives an extended meaning to the word " workman"; and, by sec. 3 amends par. I (b) of Schedule One of the Act of 1916 by substituting for the words " fifty per cent." the words "sixty-six and two-thirds per cent.," and for the words " two pounds " the words " three pounds."