Compensation Court Judgment Given After Privy Council Ruling

Press, Volume C, Issue 29535, 9 June 1961, Page 6

Compensation Court Judgment Given After Privy Council Ruling

Judgment by consent for £2480 was entered by Judge Dalglish in the Compensation Court yeeterday in a Claim for compensation for loss of life, which had been taken to the Privy Council. The case was argued on a point of law not previously raised, in the Workers’ Compensation Act. The judgment given was for Catherine Lee. widow of Geoffrey Woodhouse Lee. who was killed when the Auster aircraft he was piloting in topdressing operations near Kaikoura crashed and burst into flames on March 5, 1956 Mr A. C. Perry appeared for Catherine Lee. whose husband was governing director- and chief pilot of Lee’s Air Farming. Ltd., at

the time of his death. Mr J. A. C. Perrott appeared for Lee's Air Farming, Ltd. Mrs Lee had claimed, under the Workers’ Compensation Act, against her husband’s company, the full statutory amount for the loss of life of a worker. The question in dispute was whether Lee, as governing director of his own company, was a worker. "tong. Long Trail” “This may be described as the end of a long, tong trail," said Mr Perry yesterday in applying for judgment to be entered. The claim was first heart! before Judge Archer on March 31. 1938. Judge Archer then decided to state a case for the opinion of the Court of Appeal as to whether Lee was a worker within the meaning of the Workers’ Compensation Art, Mr Perry said. The Court of Appeal held that the two offices of governing director and worker were incompatible, and that Lee w®s not a worker and therefore not entitled to compensation, he said. The case was taken to the Privy Council in July last year, and in October the Judicial Committee of the Privy Council reversed the decision of the Court of Appeal. It held that Lee was a worker within the meaning of the Workers’ Compensation Act, notwithstanding that he was governing director of the defendant company at toe time of his death Gift Towards Costs A contribution towards the costs involved in fighting the case for the widow had been made by a person who had benefited directly by the Privy Council’s decision, in that his claim for compensation as a director of bis own company had been paid in full without recourse to the Court, Mid Mr Perry, in applying for costs. Judge Dalglish, with Mr Perrott consenting, entered judgment for Catherine Lee for £2480 compensation, plus £5O funeral expenses, and awarded her costs of £413 6s 5d for the Court of Appeal bearing and £4B Is for the Compensation Court hearing Mr Perry said that the costs of the Privy Council hearing, £714 18s 2d. had been aettled in Bagtoad. 1