Moir v Schrader [1936] HCA 69

Jones v SNF

SR(WA) 164 310 HIGH COURT (1936. [HIGH COURT OF AUSTRALIA] MOIR. z if . " 4 A Z APPELLANT ; APPLICANT, AND SCHRADER AND ANOTHER . 4 J . RESPONDENTS. RESPONDENTS, ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Workers' Compensation—Principal and contractor—Injured worker, employee of 1936. contractor— Work undertaken by the principal" —" For the purposes of his Ww trade or business" —Workers' Compensation Act 1926-1929 (N.8.W.) (No. 15

Sypnzy, of 1926—No. 36 of 1929), sec. 6 (3) (a)*. coer 'The respondents bought a large parcel of fairly heavily timbered land for the purpose of subdividing it and selling the subdivided areas as small farm bere any blocks. They set about clearing and cutting down the timber preparatory to

'MeTiernan JJ. subdivision. They resolved to cut up the small trees into firewood blocks and sell them as such to the public, and to sell the large trees in situ for milling purposes. An arrangement was made with two men, who were doing certain work preparatory to or connected with the subdivision, to eut the smaller trees into lengths suitable for firewood at a specified price per ton. To enable them to cut it the respondents obtained necessary machinery and tools and

made a contract with them to erect a shed over the machinery. A plan of

*Sec. 6 (3) (a) of the Workers' which he would have been liable to pay

Compensation Act 1926-1929 (N.S.W.) provides : " Where any person (in this sub-section referred to as the prin- cipal) in the course of or for the purposes of his trade or business, con- tracts with any other person (in this section referred to as the contractor) for the execution by or under the con- tractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any worker employed in the execution of the work any compensation under this Act