Military Rehabilitation and Compensation Commission v Clark

In the case of Military Rehabilitation and Compensation Commission v Clark, the issue before the court was whether the respondent was entitled to compensation for injuries sustained in a motorcycle accident after leaving a work-related function held at Camp Markham. The respondent had attended the function and had remained until the clean-up, which was considered part of the work function. The Tribunal found that the function remained work-related until the clean-up, and that Camp Markham, therefore, was the respondent’s place of work until he departed on his motorcycle. The critical issue was whether Camp Markham was the respondent’s place of work at the time he left on his motorcycle. Both parties accepted that if the respondent was required to be at Camp Markham when he left, then his travel was covered by the statutory definition of "place of work."

The court examined the definition of "place of work" in s 4(1) of the relevant Act, which was found to be satisfied by Camp Markham under the special circumstances of the case. The court acknowledged the respondent's alcohol consumption but found that this did not affect his entitlement to compensation, as he had suffered serious and permanent employment-related injuries. The Tribunal’s findings that the function remained work-related until the clean-up, and that Camp Markham was therefore the respondent’s place of work at the time he departed, were considered factual and were not successfully challenged by the applicant.

The appeal was dismissed, and the applicant was ordered to pay the respondent’s costs, including reserved costs. The court upheld the Tribunal’s determination that the respondent was entitled to compensation for his injuries.