Blundell v Musgrave [1956] HCA 66

Bi pauen — $GFO (Qu infin

SMVR 341 fone 96 C.L.R.] OF AUSTRALIA. 18 (HIGH COURT OF AUSTRALIA.) BLUNDELL E 5 S : : . APPELLANT ; DEFENDANT, AND MUSGRAVE ' F = a 2 3 . RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Negligence—Damages—Injury suffered by naval rating by negligence of third party— 4.0, or A. Treatment in naval hospital—Regulation enabling naval authorities to recover 1956, charge of treatment from rating who " recovers or receives damages from a third =~ party" —Whether relevant to question whether rating entitled to recover charge MELBOURNE, of treatment from third party—Regulation enabling naval authorities to disallow May 30; free medical attendance and to impose charge " in circumstances where they con- Oct. 19.

sider the charge should not be borne by the department" —Validity—Whether 0. G5.

fact that rating may have action against third party in respect of injuries occasion- Rea ing attendance a relevant " circumstance "—Decision of naval authorities to take Webb, | Fullagar and

no action to recover charge from rating pending result of action by rating against Taylor JJ. third party—Whether rating entitled to recover charge from negligent third party—

Naval Defence Act 1910-1952 (No. 30 of 1910—No. 14 of 1952), s. 45—Naval

Financial Regulations, regs. 118 (1) (7), 150a (1).

Regulation 150a (1) of the Naval Financial Regulations made pursuant to s. 45 of the Naval Defence Act 1910-1952 provides: "150a. (1) Notwith- standing anything contained herein, where a member who has been granted medical attendance under these Regulations recovers or receives damages from a third party, the Naval Board may require the member to pay to such officer of the Department as the Board directs either in a lump sum or in such instalments as the Board directs, the whole or any portion of the cost of medical attendance granted under these Regulations, and thereupon the amount so directed to be paid shall be a debt due to the Commonwealth."