Hamilton v Straits Air Freight Express Limited - [1960] NZLR 1147

Workers' Compensation — Death of worker — Claim for compensation settled — Subsequent action by dependants for damages — Need for consideration before agreement for settlement of compensation claim bars damages claim — Payment of amount due under Workers' Compensation Act not necessarily consideration — Workers' Compensation Act 1956, s. 102.

Practice — Striking out pleadings and proceedings — Claim for damages in respect of death of worker following settlement of claim under Workers' Compensation Act — Need for consideration before settlement of compensation claim bars damages claim — Payment of amount due under Workers' Compensation Act not necessarily consideration — Question as to existence of consideration one for tribunal of fact at trial — Workers' Compensation Act 1956, s. 102.