Geraldton Building Co Pty Ltd v May [1977] HCA 17

High Court of Australia Barwick C.J. Gibbs, Stephen, Mason and Murphy JJ. Geraldton Building Co Pty Ltd v May [1977] HCA 17

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1977, March 15 Barwick C.J.

An employer, Geraldton Building Co. Pty. Ltd. ("the appellant"), appeals against a decision of the Supreme Court of Western Australia which allowed the appeal of its employee ("the respondent") against a decision of the Workers' Compensation Board of that State unfavourable to the respondent. The respondent had lost almost complete sight of one eye in circumstances entitling him to claim under the workers' compensation legislation. The dispute between the parties is as to the amount of compensation to be paid. The respondent's compensable injury occurred on 11th March 1971 when in the employ of the appellant.

Loss of the sight of an eye is an injury mentioned in the first column of the table set out in the Second Schedule of the Workers' Compensation Act, 1912-1975 W.A. ("the Act"), a table providing what may properly be called lump sum compensation for the loss of specified parts or functions of the body. At the date of the receipt of the injury, the appropriate amount of such compensation for the loss of an eye, calculated according to the prescription of the legislation then operative ("the 1970 Act"), was the sum of $3,902. However, the respondent elected to be paid a lump sum compensation on 18th October 1974: see s. 7 (3) of the Act, and claimed to be entitled, and the Supreme Court held that he was entitled, to the sum of $11,147, being the sum appropriate for such an injury according to the provisions of the Act as they became by reason of amendment effected by No. 96 of 1973. To understand the area of dispute it is essential to examine relevant parts of the Act and the course of its amendment, chiefly as effected by No. 18 of 1970.