McIntyre, Bernard v Comcare [1998] FCA 124

McIntyre, Bernard v Comcare [1998] FCA 124

The Administrative Appeals Tribunal misdirected itself by focusing on the forensic relevance of the 1989 incidents rather than whether damages were actually recovered in respect of the 1989 injury. On proper application of s 48 of the Act, the applicant should not be summarily disentitled from receiving compensation as there was insufficient evidence that damages were recovered in respect of the 1989 injury.

Jurisdiction
Australia
Judgment Date
12 February 1998
Procedural Posture
Appeal / Post Hearing, Judgment Delivered
Outcome
Appeal allowed, proceedings remitted
Legal Topics
['safety Rehabilitation and Compensation Act' 'double Dipping' 'damages in Respect of Injury']
["commonwealth Employees' Compensation" 'administrative Law'] ['safety Rehabilitation and Compensation Act' 'double Dipping' 'damages in Respect of Injury']

Case Brief

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Procedural Posture

Appeal / Post Hearing, Judgment Delivered

Legal Issues

  1. 1 ["Whether applicant recovered damages 'in respect of' the 1989 injury under s 48 of Safety Rehabilitation and Compensation Act 1988 (Cth)" 'Whether the Administrative Appeals Tribunal misdirected itself as to the proper question to be answered']

Ratio Decidendi

The Administrative Appeals Tribunal misdirected itself by focusing on the forensic relevance of the 1989 incidents rather than whether damages were actually recovered in respect of the 1989 injury. On proper application of s 48 of the Act, the applicant should not be summarily disentitled from receiving compensation as there was insufficient evidence that damages were recovered in respect of the 1989 injury.

Court Disposition

Appeal allowed, proceedings remitted

Orders

  • ['The proceedings be remitted to the Administrative Appeals Tribunal to be determined in accordance with law.' "The respondent pay the applicant's costs of the Appeal to the Court and of the Notice of Motion before the Administrative Appeals Tribunal."]