Pretoria Municipality v Andrew and Another [1911] ZATPD 108 (28 July 1911)

Master and Servant - Workmen's Compensation - Action for Indemnity by Principal against Employer - Defence of Principal's Negligence - Counterclaim - Act 36 of 1901 - Costs of Case Stated under Act 11 of 1910

An employer, when sued by his principal for recovery of compensation paid by the latter under Act 36 of 1907 to a workman employed by the former, is entitled to raise the defence that the injury in respect of which the compensation was paid was caused by the negligence of the principal.

An employer when so sued is not entitled to raise a claim in reconvention which is not in any way connected with a claim for compensation under the Act.

When two points of law the decision of which was necessary for the determination of the case were reserved under Act 11 of 1910 at the instance of both parties, and one point was decided in favour of one party and the other in favour of the other party, the cost of the case stated were ordered to be costs in the cause.