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[1997] SASC 6417
General information, not legal advice.
Supreme Court of SA
1997-11-27
Nyland JJ, Duggan J
Original judgment source is linked above.
For the reasons expressed by Duggan J, I agree that the journey undertaken by the respondent was in the course of carrying out his work duties. I agree that the appeal should be dismissed.
CSR LIMITED
MCCOURT No. SCGRG-97-260 Judgment No. S6417 [1997] SASC 6417
"I think that the approach to be taken is broadly similar to that outlined by Barwick CJ in Danvers v Commissioner for Railways (NSW) [1969] HCA 64; at 536. The test is to be applied in a liberal and practical manner. The inquiry is not restricted to those things which a worker is literally or specifically required to do. The concept of duties of employment in my opinion extends beyond things which the employee is obliged to do. I also consider that one is entitled to and obliged to take into account contemporary conditions and contemporary understandings of the concept of duties of employment. I consider that the following remarks of Dixon J in Whittingham v Commissioner of Railways (WA) ; at 29 are apposite:
(1969) 122 CLR 529
(1931) 46 CLR 22