Walker v Wilson

The applicant, Michael Edward Walker, sought special leave to appeal to the High Court of Australia from a decision of the Full Court of the Supreme Court of Western Australia. The dispute concerned a claim for workers' compensation following a motor vehicle accident that occurred while Mr. Walker was travelling from Wickham to Perth. His claim had been rejected by the Workers' Compensation Board.

The primary legal issues before the High Court were whether Mr. Walker was still considered a worker at the time of the accident, and whether his journey back to Perth had been substantially interrupted, thereby disentitling him to compensation. The respondent argued that the termination of employment meant he was no longer a worker, and that the delay in commencing his return journey constituted a significant interruption.

The High Court considered the applicant's residence and the nature of his journey. The applicant, who usually resided with his parents in Perth, had travelled to Wickham for employment. After being dismissed, he delayed his return journey by one day to gather funds for petrol and repair his vehicle. The court examined whether this delay constituted a substantial interruption to the journey between his place of employment and his place of residence. The Full Court's majority had indicated that the journey, viewed as commencing from his employer's house, might not have been between his place of employment and his place of residence if his residence was considered to be Perth. However, it was noted that the applicant's residence in Perth was not seriously contested.