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IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Sydney No SS0 of 1991 B e t w e e n -
FRANK MICHAEL HATZIMANOLIS
Applicant
and
ANI CORPORATION LIMITED
Respondent
Application for special leave
to appeal
MASON CJ
DEANE J
McHUGH J
TRANSCRIPT OF PROCEEDINGS
AT SYDNEY ON MONDAY, 5 AUGUST 1991, AT 12 NOON
Copyright in the High Court of Australia
| Hatzimanolis | 1 | 5/8/91 |
MR W.H. NICHOLAS, QC: If the Court pleases, in this matter
I appear with my learned friend, MR M.J. GORRICK,
for the applicant. (instructed by T.D. Kelly & Co)
MR J.G. POULOS, QC: If the Court pleases, I appear with my
learned friend, MR C.R.R. HOEBEN, for the
respondent. (instructed by Connery & Partners)
MASON CJ: Yes, Mr Nicholas.
| MR NICHOLAS: | Your Honours, the point in this matter is a |
short one but one of the utmost significance to my client.
Your Honours, the circumstances which give rise to the application are set out on page 51 of the book, and if I can take Your Honours to that, with respect.
It will be seen that:
The applicant was in the employ of the
respondent when ..... he was involved in a motor
vehicle accident which rendered him a
quadriplegic.
At that time he was some 23 years of age.
The circumstances of the employment,
Your Honours, are set out on page 52.
MASON CJ: Yes, we are familiar with that, Mr Nicholas.
MR NICHOLAS: If Your Honour pleases.
| MASON CJ: | Now you might immediately proceed to persuade |
us, or endeavour to persuade us, that the question
is one that merits t_he grant of special leave toappeal.
| MR NICHOLAS: | Thank you, Your Honour. | Your Honours, may I |
hand up to you copies of the Workers Compensation
Act, the point being, of course, the construction of the definition of injury within the provisions of section 4 of the Act.
Your Honours, that definition may be found on
page 5 of the Act and, no doubt, it is an
expression familiar to the Court, with respect:
"injury" -
(a) means personal injury arising out of or in the course of employment;
We are not concerned with that limb which is "out of" but "in the course of employment", Your
Honours.
| Hatzimanolis | 2 | 5/8/91 |
Your Honours, at the outset we would emphasize
that the drafting of the provision, of course,
omits the word which is commonly found in
It is "in the course of employment". judgments, "his employment" or any other pronoun. Our submission to Your Honours, with respect,
is that at the end of the day, a situation such as
that in which the applicant here was involved in
arose out of the circumstances in which he found
himself, the direct product of the relationship
between his employer, that is to say, the
employment relationship.
Your Honours, the error one can shortly state
it, which we contend the Court of Appeal made, was
to so construe the provision to…
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- Case
- [1991] HCATrans 185
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the High Court was the construction of the phrase "in the course of employment" as it appeared in the definition of "injury" within section 4 of the Workers' Compensation Act. Specifically, the applicant contended that the Court of Appeal had erred by narrowly construing this phrase, effectively limiting its application to circumstances directly related to the actual performance of work or the location where work was undertaken. The applicant argued for a broader interpretation that encompassed the overall employment relationship.
The applicant's submission was that the legislation did not provide a basis for such a restrictive interpretation. He argued that the purpose and objects of workers' compensation legislation necessitated a consideration of the broader employment relationship, drawing an analogy to the High Court's approach in *Walker v Wilson*, a case concerning journey provisions for a jockey. This approach, the applicant contended, required looking at the circumstances arising from the employment relationship itself, rather than solely focusing on the immediate performance of tasks.
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