Humberstone v Northern Timber Mills

79 CLR 389
1949 - 1116A - HCA

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(Decision by: Rich J)

Humberstone
v Northern Timber Mills

Court:

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

Hearing date: MELBOURNE 24 October 1949; 25 October 1949;
Judgment date: 16 November 1949

SYDNEY

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Decision 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.