Esam, Alan v ASP Management [1998] FCA 1129

Esam, Alan v ASP Management [1998] FCA 1129

The Administrative Appeals Tribunal erred in law by failing to give proper consideration and weight to the state of the labour market at the relevant time when determining the amount the applicant was able to earn in suitable employment under ss 31 and 32 of the Seafarers' Rehabilitation and Compensation Act 1992 (Cth). The state of the labour market is a relevant circumstance and must be considered in calculating compensation. Accordingly, the appeal was allowed, the AAT decision set aside, and the matter remitted for determination in accordance with these reasons.

Jurisdiction
Australia
Judgment Date
10 September 1998
Procedural Posture
Appeal From Administrative Appeals Tribunal Decision / Final Judgment and Orders
Outcome
Appeal allowed. AAT decision set aside, matter remitted, respondent to pay applicant's costs.
Legal Topics
["seafarers' Rehabilitation and Compensation Act 1992 (cth) Interpretation" 'compensation for Incapacity' 'calculation of Earnings in Suitable Employment' 'labour Market Conditions Relevance']
["workers' Compensation" 'statutory Interpretation'] ["seafarers' Rehabilitation and Compensation Act 1992 (cth) Interpretation" 'compensation for Incapacity' 'calculation of Earnings in Suitable Employment' 'labour Market Conditions Relevance']

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Procedural Posture

Appeal From Administrative Appeals Tribunal Decision / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether economic circumstances of labour market are relevant when calculating compensation under Seafarers' Rehabilitation and Compensation Act 1992 (Cth) ss 31(5)(a), 32" 'Whether the AAT erred in law by not considering labour market conditions' "Proper interpretation of 'able to earn' in the statutory scheme"]

Ratio Decidendi

The Administrative Appeals Tribunal erred in law by failing to give proper consideration and weight to the state of the labour market at the relevant time when determining the amount the applicant was able to earn in suitable employment under ss 31 and 32 of the Seafarers' Rehabilitation and Compensation Act 1992 (Cth). The state of the labour market is a relevant circumstance and must be considered in calculating compensation. Accordingly, the appeal was allowed, the AAT decision set aside, and the matter remitted for determination in accordance with these reasons.

Court Disposition

Appeal allowed. AAT decision set aside, matter remitted, respondent to pay applicant's costs.

Orders

  • ['The appeal be allowed.' 'The decision of the AAT be set aside.' 'The matter be remitted to the AAT for determination in accordance with these reasons for decision.' "The respondent pay the applicant's costs of the AAT hearing and the hearing of this appeal."]