Fox v. Wood

148 CLR 438
35 ALR 607

(Judgment by: Aickin J.)

Fox
v. Wood

Court:
High Court of Australia

Judges: Gibbs C.J.
Murphy J.

Aickin J.
Wilson J.
Brennan J.

Subject References:
Damages
Negligence
Loss of Earnings
Receipt of workers compensation payments
Tax deducted from payments
Statutory liability to repay gross amount
Whether difference between net amount received and gross amount repayable recoverable from tortfeasor

Legislative References:
Workmen's Compensation Act 1971 (SA) - Paragraph 84(b)

Hearing date: 2 April 1981
Judgment date: 7 August 1981

Canberra


Judgment by:
Aickin J.

I have had the advantage of reading the reasons for judgment of the Chief Justice in this appeal. I agree with those reasons and there is nothing I can usefully add.

I would dismiss the appeal.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).