Perry Engineering Co Ltd v Mermingis [1964] HCA 67

High Court of Australia Barwick C.J. Kitto, Taylor, Windeyer and Owen JJ. Perry Engineering Co Ltd v Mermingis [1964] HCA 67

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Nov. 5 Barwick C.J.

A special magistrate sitting in the Local Court of Adelaide as an arbitrator under the Workmen's Compensation Act, 1932-1963 S.A. stated for the opinion of the Supreme Court of South Australia a case in which he asked in substance whether in awarding a lump sum in redemption of the appellant's obligation to make weekly payments of compensation to the respondent he should disregard the weekly payments of compensation which had already been made to the respondent.

The case was one in which the respondent had suffered injury by accident arising out of and in the course of his employment occasioning him total incapacity for a period and thereafter partial but permanent incapacity. As at the date of the respondent's application for the redemption of the appellant's liability to make weekly payments of compensation, the respondent's incapacity was a permanent disability for work within the meaning of s. 28 of the Workmen's Compensation Act, 1932-1963.

The sections of this Act which are relevant to the resolution of the questions asked in the case stated are—s. 4 (1) which makes an employer liable to pay compensation in accordance with the Act where personal injury by accident arising out of and in the course of the employment is caused to a workman; s. 18 (1) which provides that in the case of total or partial incapacity for work resulting from such an injury, the amount of compensation shall be a weekly payment during the incapacity, within certain stated monetary limits; s. 18 (3) which provides: "The total liability of the employer in respect of payments under this section shall not exceed" (as at the date of this injury) "three thousand pounds".