Commissioner for Railways (NSW) v Agalianos [1955] HCA 27

Foll Appl ae, v. Resaurres SOALR SE pt, Telecom RE 67 iNail whee Blue ite Horilan 396 auton (os 8) 53 ALI Foil Grennany Appl Me GT Seer viee 61S Pea dual thie 53 ALI 8 bo H.C. of A. 1955. Cy Sypney, Mar. 30, 31; June 9.

COMMISSIONER FOR RAILWAYS (N.S.W.)

AGALIANOS . 5 a : ° . :

Di

Kitto and Taylor JJ.

Appl Fol ll ches dliicor Lud eee Appl Fol Appl ust Alteration icem, Win Human aa Genet of ie of cron" delcom | Australia Led eee fesources foms for Imunicatic a ions FOR 463 ALR 221 AER Bag? Berto io" 8a Seniaiony Appl Appl AUB 408 ALR 461 a fect Blue racy Spey Repaiation Bie ronda ioe" = HIGH COURT [1955 Authority 1898) BCR 149 TYAUIR AL Foll Tracy V

Reparation Bow) Ganson '

LD 361

[HIGH COURT OF AUSTRALIA.]

APPELLANT ; RESPONDENT,

AND

RESPONDENT. APPLICANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Workers' Compensation—Adult worker—Partial incapacity—A verage weekly earnings

—Pre-injury earnings—Post-injury earnings—Comparison—Rising wage struc- ture—Weekly payments—Attempt to maintain values—Basic wage formula— Workers' Compensation Act 1926-1951 (N.S.W.), s. 11 (1) (a), (b)-

Section 11 (1) of the Workers' Compensation Act 1926-1951 provides :— " (a) In the case of partial incapacity, the weekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the worker before the injury, and the average weekly amount he is earning, or is able to earn, in some suitable employment or business, after the injury, but shall bear such relation to the amount of that difference as under the circumstances of the case may appear proper. (b) The amount of the average weekly earnings of a worker as aforesaid shall, in the case of an adult worker in receipt of compensation at the commencement of the Workers' Compensa- tion (Amendment) Act, 1951, or who after such commencement receives com- pensation in respect of an injury which occurred before such commencement,