Stewart v Metropolitan Water Sewerage and Drainage Board [1932] HCA 45

H.C. or A. Workers' Compensation—Overseer—Supervising work of contractor—Preparal

1932, Ww

Sypnezy,

Aug. 8; 'Sept. 1.

Gavan Duffy C.J., Rich,

Starke, Dixon, Eyatt and

'McTiernan JJ.

STEWART AND OTHERS. 2 - E APE!

THE METROPOLITAN WATER, SEWERAGE

HIGH COURT

[HIGH COURT OF AUSTRALIA.]

APPLICANTS,

AND

AND DRAINAGE BOARD... 4} RESPONDENT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

for lunch—Boiling of billy by contractor's employee for other employees of contractor —Explosion of primus stove—Injury sustained by overseer sitting near by Whether injury arose "out of" the employment—Workers' Compensation A 1926-1929 (NV.8.W.) (No. 15 of 1926—No. 36 of 1929), secs. 6 (1)*, 7*.

'The deceased was employed by the respondent as an overseer and inspector to ensure that a contractor to the respondent carried out certain work accordin to the specifications. The movements of the deceased were not rest except that he was required to be on the job whilst any work was in prog subject to which requirement he was free to have his lunch when he liked. At 11.30 a.m. on the day the work commenced, a ganger employed by th

contractor directed one of his workmen to boil the billy for lunch.

*The Workers' Compensation Act Act, injury resulting in the death

1926-1929 (N.S.W.) provides, by sec. serious and permanent disablement of 6 (1), that "''Injury' means personal a worker shall be deemed to arise ou injury arising out of and in the course of and in the course of his employm

of the employment. . . ." Sec. 7 notwithstanding that the worker provides

received an injury whether at or away from his place of employment (and in the case of the death of the worker, his dependants) shall receive compensation purposes of and in connection from his employer in accordance with —_his employer's trade or business." this Act. (2) For the purposes of this