Associated Steamships Pty Ltd v Hore, Norman [1995] FCA 798

Associated Steamships Pty Ltd v Hore, Norman [1995] FCA 798

The monetary limit in s 5D of the Seamen's Compensation Act 1911 is not preserved by the Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992 or by the Principal Act. Unless specifically provided for, such a limit does not affect compensation entitlements arising after the transition, and Mr Hore's entitlement is determined solely by the provisions of the Principal Act, which imposes no such limit.

Jurisdiction
Australia
Judgment Date
02 November 1995
Procedural Posture
Appeal / On Appeal From the Administrative Appeals Tribunal
Outcome
appeal dismissed
Legal Topics
['compensation Entitlement' 'statutory Construction' 'seafarers' 'monetary Limits']
['administrative Law' 'statutory Interpretation'] ['compensation Entitlement' 'statutory Construction' 'seafarers' 'monetary Limits']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / On Appeal From the Administrative Appeals Tribunal

Legal Issues

  1. 1 ["Whether the monetary limit imposed by s 5D of the Seamen's Compensation Act 1911 is preserved by the Transitional Act" 'Proper construction of relevant provisions of the Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992' 'Whether ss 4, 5, 6, 7 & 12 of the Transitional Act preserve the application of s 5D monetary limit']

Ratio Decidendi

The monetary limit in s 5D of the Seamen's Compensation Act 1911 is not preserved by the Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992 or by the Principal Act. Unless specifically provided for, such a limit does not affect compensation entitlements arising after the transition, and Mr Hore's entitlement is determined solely by the provisions of the Principal Act, which imposes no such limit.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal."]