High Court of Australia
63 C.L.R.] OF AUSTRALIA. 603
/ (HIGH COURT OF AUSTRALIA.)
FARMER AND COMPANY LIMITED . . APPELLANT ;
Drrenpanr, AND
GRIFFITHS . " . i r ' . RESPONDENT.
PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Workers' Compensation—Infant—Receipt of compensation—Right to recover damages H.C. or A. against third person—Workers' Compensation Act 1926-1938 (N.S.W.) (No. 15 1940. of 1926—No. 36 of 1938), sec. 64. Ww
7 Sypyey, Sec. 64 of the Workers' Compensation Act 1926-1938 (N.S.W.) provides that _4,4g 6, when the injury for which compensation is payable under the Act is caused guny. 9 under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof the worker may take proceedings Pou, Evatt both against that person to recover damages and against any person liable to ® pay compensation but shall not be entitled to recover both damages and
compensation.
Held, by Evatt and McTiernan JJ. (Dion J. dissenting), that an infant, being a worker under the Workers' Compensation Act 1926-1938, to whom his employer has paid over certain moneys purporting to be payments of com- pensation for personal injury, is not thereby barred from recovering damages against a third party whose negligence caused the injury where it is not for the benefit of the infant to receive compensation rather than to recover damages from the third party.
Per Evatt J.: The amount of the payments made by the employer may be taken into account in reduction of the damages payable by the third party.
Decision of the Supreme Court of New South Wales (Full Court): Griffiths v. Farmer & Co. Lid., (1940) 40 S.R. (N.S.W.) 296 ; 57 W.N. (N.S.W.) 96, affirmed.
604.
H. C. or A. 1940. —
Fanwer & Co, Lrp. a Grirritus.
HIGH COURT [1940.
Appear from the Supreme Court of New South Wales.
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