Metcalfe v McIntosh - [1943] NZLR 532

Workers' Compensation — Accident arising out of and in the Course of Employment — Worker's Death resulting from contravention of Employer's Orders while acting for Purposes of and in Connection with Employer's Business — Whether Compensation Payable — Jurisdiction — Claim by Widow of deceased Worker for Compensation preceded by Claim for Damages in Supreme Court — Judgment for Plaintiff reversed by Court of Appeal — Judgment of latter Court delivered by two Judges, but Application for Compensation not dealt with — Action for Compensation heard by consent of both Parties by one of the Judges of the same Division of the Court of Appeal — Whether any irregularity in Procedure — If so, whether effectually Waived — Workers' Compensation Act, 1922, ss 3, 52 — Statutes Amendment Act, 1940, s 61.