Hennessy v Broken Hill Pty Co Ltd

The applicant, Broken Hill Pty Co Ltd, appealed from a decision of the Supreme Court of New South Wales concerning the compensation payable to Alfred Hennessy, a miner who had been disabled by lead poisoning. The dispute arose when the company sought to review and terminate weekly compensation payments made to Hennessy, relying on a certificate issued by a Medical Board. The core of the disagreement centred on the validity and effect of this certificate and the admissibility of evidence from a Board member.

The legal issues before the High Court were whether a certificate issued by the Medical Board, stating a workman was physically fit to return to employment "in so far as lead poisoning is concerned," was a valid certificate under the relevant legislation. The Court also had to determine if a second certificate, issued later and omitting this qualification, was valid, and whether a member of the Medical Board could give admissible evidence regarding the workman's health at the time of examination.

The High Court, in a majority decision, held that the first certificate, which qualified the workman's fitness "in so far as lead poisoning is concerned," was not a valid certificate under section 8(1) of the Workmen's Compensation (Lead Poisoning-Broken Hill) Act 1922. This section contemplated a general physical fitness for employment, not merely fitness concerning the specific ailment of lead poisoning. The Court found that the second certificate, issued without a fresh examination and significantly later than the original one, was too remote from the examination to be operative. However, the Court affirmed the Supreme Court's decision that a member of the Medical Board was a competent and compellable witness to testify about the workman's state of health at the time of the examination, as their function was administrative and supervisory, not judicial.

The appeal was dismissed, with the High Court affirming the Supreme Court's order to remit the matter back to the arbitrator for further consideration, acknowledging the admissibility of the Medical Board member's evidence.