High Court of Australia
FER Ro 160 HIGH COURT ie [HIGH COURT OF AUSTRALIA] JOXOE, arts one Tenia ol Niece ae APPELLANT ;,
PLAINTIFF,
AND
THE AUSTRALASIAN UNITED STEAM NAVIGATION COMPANY LIMITED. Drrenpant,
} RESPONDENT.
ON REMOVAL, AND APPEAL, FROM THE SUPREME COURT OF NEW SOUTH WALES.
H. C. or A. Seamen's Compensation—Recovery of compensation under Commonwealth Act— 1939. Recovery of compensation independently of Act excluded—Meaning of " compen- WwW sation" —Constitutional validity of legislation—Limits inter se of powers of SypNeY, Commonwealth and States—Removal of cause—Decision on whole cause—The Aug. 14. Constitution (63 & 64 Vict. c. 12), secs. 51 (i.), 98—Seamen's Compensation Act a Sousa 1911 (Vo. 13 of 1911), sec. 5 (2) (b)—Judiciary Act 1903-1937 (No. 6 of 1903—
No. 5 of 1937), sec. 40a.
Sept. 21. a Eee Sec. 5 (2) of the Seamen's Compensation Act 1911 provides that "a seaman Rich, Starke, shall not be entitled to recover compensation both independently of and also ani MeTiernan JJ. under this Act; but subject to this paragraph this Act shall not affect any civil liability of an employer under any other law." Held :-—
(1) That the term " compensation " in this section includes damages recover- able at common law. q
(2) That, so construed, the section is not an ultra-vires interference by the Commonwealth Parliament with common-law rights, but is an ancillary pro- vision of a valid scheme for the compensation of seamen injured in the course of their employment in inter-State or overseas trade,
Australian Steamships Ltd. v. Malcolm, (1914) 19 C.L.R. 298, applied.
(3) That a contention that the section was ultra vires as above mentioned raised a question as to the limits inter se of the constitutional powers of the —
62 C.L.R.] OF AUSTRALIA.
Commonwealth and the States. Upon such contention being made in a cause pending in the Supreme Court of a State the whole of such cause, and not merely the specific question, was removed by force of sec. 40a of the Judiciary Act 1903-1937 into the High Court.
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