High Court of Australia
H.C. or A. Ship—Seaman incapacitated by accident—Left ashore at port other than home port
1922. a MELBOURNE, Nov. 22.
Sypney, Dec, 12.
Knox €.J., Isaacs, Higgins, Gavan Dutty and Starke JJ.
HIGH COURT
(HIGH COURT OF AUSTRALIA.]
BRUHN PLAINTIFF,
AND
AUSTRALIAN STEAMSHIPS PROPRIETARY
LIMITED : 5 5 DerrenpDant,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
APPELLANT; —
\ ResponvDE
Wages—Period for which payable—Navigation Act 1912-1920 (No. 4 of 1913— No. 1 of 1921), secs. 50, 85, 127, 130, 132.*
Hald, that the wages to which, under sec. 132 (1) (6) of the Navigation Act 1912-1920, a seaman is entitled are wages for the period beginning on the date at which he was left on shore and ending either on his arrival at his home port or on the happening of one of the events mentioned in the proviso.
Decision of the Supreme Court of Victoria: Bruhn v. Australian Steamships —
Proprietary Ltd., (1922) V.L.R., 755; 44 A.L.T., 61, reversed.
* Sec. 132 of the Navigation Act 1912- 1920 provides that "(1.) Where a seaman belonging to a ship registered in Australia is left on shore at any place in Australia, in any manner authorized by law, by reason of illness or accident in the service of the ship incapacitating him from fol- lowing his duty, he shall be entitled— (a) if landed "at his home port, as specified in the agreement, to receive wages, at the rate fixed by his agree- ment, up to the expiration of one week after the date of his recovery, as cer- tified by his medical attendant or by a medical inspector of seamen: Pro- vided that, in cases where his engage- ment expires within one month from the date he was left on shore, the time for which he shall be so entitled to be paid wages shall not exceed a period of one month, and in other cases, it shall
not exceed a period of three months, from the date he was left on shore or (6) if landed at a port other than his home port, to receive, after his recovery, certified as provided in the last. pre- ceding paragraph, a free passage to his home port, with wages, at the rate fixed by his agreement, until arrival at that port: Provided that if, after recovery, the seaman . . . rejoins his ship, or takes other employment, or is offered and refuses employment _ on some other vessel proceeding to his
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