High Court of Australia
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422 HIGH COURT [1936. H.C. or A. Peterswald vy. Bartley (1); The Commonwealth and Commonwealth 1936-1937, Qi Refineries Ltd. v. South Australia (2); John Fairfax & Sons
ee Lid. and Smith's Newspapers Ltd. v. New South Wales (3) ).
GennraL i: fi
WSW), Judgment upon the demurrer should be given for the defendant. "Homtnusi Judgment for defendant upon the demurrer with Rous aaa) costs including costs of motion to refer to
High Court.
Solicitor for the informant, J. E. Clark, Crown Solicitor for New South Wales.
ten Solicitors for the defendant, D. R. Hall & Co.
ae IB
[HIGH COURT OF AUSTRALIA.]
LATTER PuarntiFr,
APPELLANT ;
AND
THE COUNCIL OF THE SHIRE OF MUS- WELLBROOK . Derrenpant,
iL RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A, Workers' Compensation—Statutory compensation—Payment into office of commission rasa by employer of deceased worker—Money paid in—Application by widow— Resi Payments out to widow—Action by widow under Compensation to Relatives Act
ani 1897-1928 (N.S.W.)—Further payments out after issue of writ—Allernative het lente remedies—Option—Knowledge of widow—Proof—"In such case"—* At his PEO es option" — Proceed" —Workers' Compensation Act 1926-1929 (V.8.W.) (No. 15
Latham CJ., of 1926 —No. 36 of 1929), sec. 63*.
Rich, Dixon,
Evatt and' —_* See. 63 of the Workers' Compensa- is responsible. (2) In such case the
MeTiernan JJ. tion Act 19) (N.S.W.), provides worker may, at his option, proceed
as follows :—''Nothing in this Act under this Act or independently of
shall affect any civil liability of the employer where the injury was caused by the personal negligence or wilful act of the employer or of some person for whose act or default the employer
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