Footscray Quarries Pty Ltd v Nicholls [1912] HCA 28

14 C.L.R.] OF AUSTRALIA. 321

charged except so far as it discharged H.C. or A. the direction to the defendants Nissen ae and Pallin to repay the sum of £42 Nissew 15s. paid by them in respect of certain Gated shares. Judgment of aBeckett J. re- —- stored with this exception. Plainti aT appeal to the Supreme Court dismissed

with costs against the next friend.

Deposit of £25 to be paid to defendants

towards such costs. Defendants to have

their costs out of the estate so far as not recoverable from next friend. Respon-

dents' next friend to pay costs of

appeal. Appellants to have them out

of the estate so far us not recoverable

from him.

Solicitor, for the appellants, J. Woolf. Solicitors, for the respondents, 2. H. Lewis & Son. BL:

[HIGH COURT OF AUSTRALIA.}

FOOTSCRAY QUARRIES PROPRIETARY LIMITED DEFENDANTS,

} APPELLANTS ;

AND

NICHOLLS z - ' z x . . RESPONDENT.

PLAINTIFF, H.C. or A. 1912.

es Metzourne, May 21, 22.

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Negligence Employer anc employé—Bvidence —Lmployers and Employés Act 1890 Gein 0.., (Vict.), (No. 1087), sec. 38. oie ao

VoL. XIV. a1

H.C. or A.

1912. —

Footscray QuarRizs PRopRIE- tary Lrp, v. NicHoLts

HIGH COURT [1912.

Sec. 38 of the Employers and Employés Act 1890 provides that where per- sonal injury is caused to a workman (inter alia)—''(2) by reason of the negli- gence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence ; or (3) by reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform and did conform, where such injury resulted from his having so conformed ; or (4) by reason of the act or omission of any person in the service of the employer done or made . . . in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf ;" —the workman or his representative "' shall have the same right of compensa- tion and remedies against the employer as if the workman had not been a workman of nor in the service of the employer nor engaged in his work."