Webb v Commissioner for Railways (NSW)

This case involved an appeal to the High Court of Australia from a decision of the Supreme Court of New South Wales, which had considered a case stated by the Workers' Compensation Commission. The appellant, Arthur Bruce Webb, a railway employee, sought compensation for a serious injury sustained when he fell under a moving locomotive. The Commissioner for Railways (N.S.W.) denied liability, arguing the injury did not arise out of or in the course of Webb's employment.

The central legal issue before the courts was whether Webb's injury, sustained when he jumped onto the step of a moving locomotive in breach of a regulation, could be deemed to have arisen out of and in the course of his employment under section 7(2) of the *Workers' Compensation Act 1926-1929* (N.S.W.). This section provided that an injury would be deemed to arise out of and in the course of employment even if the worker contravened a regulation, provided the act was done "for the purposes of and in connection with his employer's trade or business."

The Workers' Compensation Commission found that Webb's act of boarding the locomotive was not done for the purposes of or in connection with his employer's business, but rather for his own purposes, possibly to converse with the engine crew. The Commission concluded that Webb had voluntarily exposed himself to an unnecessary peril outside the scope of his employment. The High Court, affirming the Supreme Court's decision, held that the Commission's finding was a finding of fact open to it on the evidence. The Court reasoned that section 7(2) required the act to be done for the employer's purposes, and the Commission had determined, as a matter of fact, that Webb's motive was personal and unconnected with his employer's business. Therefore, the High Court could not interfere with this finding of fact, and the appeal was dismissed.