Kavanagh v Commonwealth [1960] HCA 25

High Court of Australia Dixon C.J. Fullagar, Taylor, Menzies and Windeyer JJ. Kavanagh v Commonwealth [1960] HCA 25

ORDER Appeal allowed with costs. Discharge the order of the County Court at Melbourne. In lieu thereof order that the appeal of the appellant Gertrude Anne Kavanagh to the County Court from the determination of the Delegate of the Commissioner for Employees' Compensation be allowed with costs and that it be declared that the said Gertrude Anne Kavanagh is entitled to compensation in accordance with the first schedule to the Commonwealth Employees' Compensation Act 1930-1956. Order that the cause be remitted to the County Court to be dealt with consistently with this judgment according to law if any further matter should arise.

Cur. adv. vult.

The following written judgments were delivered:—

1960, May 19 Dixon C.J.

The appellant is the widow of Hubert Francis Kavanagh, who was a storeman employed in the stationery section of the Postmaster-General's Department at Melbourne. He was an employee of the Commonwealth within the meaning of the Commonwealth Employees' Compensation Act 1930-1956. His widow claimed that he died as the result of an accident arising in the course of his employment and sought from the Commissioner for Employees' Compensation compensation under that Act amounting to £2,350. The Delegate of the Commissioner determined that the death of the appellant's husband did not result from personal injury by accident arising out of or in the course of his employment by the Commonwealth or from a disease due to the nature of his employment and therefore that the claim should be disallowed. From this determination the widow appealed in pursuance of s. 20 of the Act to the County Court at Melbourne. Her appeal was dismissed and from the order of the County Court she now appeals to this Court.