Aafjes v Kearney
8 ALR 455Between: Aafjes
And: Kearney
Judges:
Barwick CJ
McTiernan J
Gibbs J
Stephen J
Mason J
Subject References:
Workers' compensation
Dependants of a worker
Worker
Death of in course of employment
Employer liable to pay compensation to dependants
Whether child of deceased employee wholly or partially dependent on deceased worker
Legislative References:
(NSW) Workers' Compensation Act 1926 - s 7(1)(a); s 8(1)
Case References:
Potts v Niddrie and Benhar Coal Co Ltd - [1913] AC 531; 82 LJ (PC) 147, applied
Kauri Timber Co (Tas) Pty Ltd v Reeman - [1972-73] ALR 1266; 128 CLR 177
Farmer v Cotton's Trustees - [1915] AC 922, distinguished
Judgment date: 3 March 1976
Melbourne
Order
Appeal dismissed with costs.
The question on appeal was whether the Workers' Compensation Commission of New South Wales had erred in law in holding that K (the respondent) was wholly dependent on her father (the deceased worker) for support at the time of his death.
Held, per curiam: The question whether a person is dependent on another person is purely a question of fact. The question of law which can emerge in such a case is whether there was any evidence upon which a tribunal could conclude that in fact a person was wholly dependent on another person.
Appeal
This was an appeal from the Supreme Court of New South Wales. The facts of, and background to, the appeal appear sufficiently from the judgments.