Commonwealth v Bourne [1960] HCA 26

High Court of Australia Dixon C.J. Fullagar, Taylor, Menzies and Windeyer JJ. Commonwealth v Bourne [1960] HCA 26

ORDER Appeal allowed. Discharge the order of the County Court at Melbourne. In lieu thereof order that the appeal to the said County Court from the determination of the Delegate of the Commissioner for Employees' Compensation be dismissed. Pursuant to the agreement of the appellant Commonwealth order that the said appellant pay the costs of the appeal to this Court of the respondent. No order as to the costs of the appeal to the County Court.

Cur. adv. vult.

The following written judgments were delivered:—

1960, May 19 Dixon C.J.

This is an appeal by the Commonwealth from an order of the County Court at Melbourne exercising federal jurisdiction. The jurisdiction exercised is that conferred by s. 20 of the Commonwealth Employees' Compensation Act 1930-1956. The order appealed from allowed an appeal by the widow of Charles William Bourne, an investigating officer of the Taxation Department, from a determination of the Delegate of the Commissioner for Employees' Compensation rejecting her claim for compensation in respect of her husband's death. Her appeal was upheld by Judge Rapke in the County Court at Melbourne on the ground that Bourne's death had been caused by a disease and the disease was due to the nature of the employment in which he was engaged by the Commonwealth. This ground is to be found in s. 10 (1) (b) of the Act, which provides as follows—"Where (a) (b) the death of an employee is caused by a disease, and the disease is due to the nature of the employment in which the employee was engaged by the Commonwealth, the Commonwealth shall, subject to this Act, be liable to pay compensation in accordance with this Act as if the disease were a personal injury by accident arising out of or in the course of his employment." In s. 4 (1) the word "disease" is defined to include any physical or mental ailment, disorder, defect or morbid condition, whether of sudden or gradual development, and also to include the aggravation, acceleration or recurrence of a pre-existing disease.