High Court of Australia
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418 NSH Reni
95 C.L.R.] OF AUSTRALIA.
[HIGH COURT OF AUSTRALIA.]
TOOTH AND COMPANY LIMITED . . APPLICANT ; PLAINTIFF, AND TILLYER . . . . . 5 . . RESPONDENT. DEFENDANT,
ON APPLICATION FOR SPECIAL LEAVE TO APPEAL FROM THE
SUPREME COURT OF NEW SOUTH WALES.
Workers' Compensation (N.S.W.)— Statute — Interpretation — Injured worker— H.C. or A.
Receipt of compensation—Injuries resulting from negligence of worker's husband —Right of employer paying compensation to be indemnified by person liable to
1956. Ww
pay damages where injury caused " under circumstances creating a legal liability MELBOURNE,
in some person other than the employer to pay damages in respect thereof »— Whether husband such a person—Workers' Compensation Act 1926-1954 (No. 15 of 1926—No. 18 of 1954) (N.S.W.), s. 64.
Section 64 of the Workers' Compensation Act 1926-1954 (N.S.W.) provides inter alia that '' Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof—(b) if the worker has recovered compensation under this Act, the person by whom the compensation was paid shall be entitled to be indemnified by the person so liable to pay damages as aforesaid."
Held, that under the section a husband is not liable to indemnify an employer who has paid compensation to a wife in respect of injuries sustained by her as a result of the husband's negligence.
The question whether the disability of one spouse to sue another for what would otherwise be a tort is substantive or merely procedural, discussed.
Broom v. Morgan (1952) 2 All E.R. 1007; (1953) 1 Q.B. 597, considered. Decision of the Supreme Court of New South Wales (Full Court), affirmed,
Arprication for special leave to appeal from the Supreme Court of New South Wales.
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