Humberstone v. Northern Timber Mills
79 CLR 3891949 - 1116A - HCA
(Judgment by: Rich J)
Humberstone
v. Northern Timber Mills
Judges:
Latham CJ
Rich JDixon J
Subject References:
Workers' compensation
Whether employee or independent contractor
Statute
Retrospective operation
Workers'
Legislative References:
Compensation Act 1928 (No 3806) (Vic) - The Act
Judgment date: 16 November 1949
SYDNEY
Judgment by:
Rich J
In my opinion sub-s. 6 of s. 3 of the Workers' Compensation Act (Vict.) as amended is not framed so as to give it a retrospective operation. The facts in the case lead to the failure to establish that the firm had such control of the acts of the deceased as would constitute the relation of master and servant. The tests applicable in such a case were discussed in Queensland Stations Pty Ltd v Federal Commissioner of Taxation [F5] , at p. 548; and cf. Dowd v W. H. Boase & Co , Ltd [F6] . I consider that on the facts the Board should have held that the contract in question was an independent contract.
I would dismiss the appeal.