Commonwealth v Matheson [1955] HCA 24

High Court of Australia Williams, Kitto and Taylor JJ. Commonwealth v Matheson [1955] HCA 24

ORDER Appeal allowed. No order as to costs of appeal. Order of court below set aside except as to costs. Order that under the Third Schedule of the Commonwealth Employees' Compensation Act 1930-1954 respondent be paid £515 12s. 6d. compensation for the injury to his left leg. Order that under the First Schedule of that Act par. 1 (c) as varied by par. 3 (b) compensation also be paid to the respondent on the basis of fifteen per cent of his weekly pay at the date of the injury to his right hip, 18th September 1951, as from 28th December 1953 while he remains incapacitated to the extent of fifteen per cent loss of efficiency as the result of that injury. Liberty to apply.

Cur. adv. vult.

The following written judgments were delivered:—

May 5 Williams J.

This is an appeal by the Commonwealth of Australia from an order for compensation made in proceedings under s. 20 of the Commonwealth Employees' Compensation Act 1930-1954 by his Honour Judge Harvey Prior, a Judge of the District Court of New South Wales. The appeal is brought to this Court by virtue of s. 142 of the District Courts Act 1912-1953 N.S.W. and s. 73 (ii) of the Constitution and s. 39 (2) (b) of the Judiciary Act 1903-1950. Although the appeal to the Supreme Court under s. 142 of the District Courts Act 1912-1953 is confined to questions of law the appeal to this Court, as the present Chief Justice pointed out in Wishart v. Fraser [1] "is a full appeal on law and fact of the same nature as other appeals to this court in its appellate jurisdiction. When s. 39 (2) (b) refers to State law, it does so for the purpose only of saying from what decisions given by State courts exercising Federal jurisdiction an appeal shall lie as of right. It does not draw in the law of the State for the purpose of defining the nature or scope of the remedy or the jurisdiction of this court" [2] .