Swartz v Commonwealth [1959] HCA 28

Swartz v Commonwealth [1959] HCA 28

Because s. 6 (2) authorised revocation of a determination notwithstanding a pending s. 20 appeal, and the whole determination appealed from had been revoked, the subject matter of Swartz's appeal no longer existed and the magistrate had nothing to review; the High Court appeal and application for special leave therefore failed.

Jurisdiction
Australia
Procedural Posture
Appeal and Application for Special Leave to Appeal / High Court Appeal/application From a Magistrates Court Decision That an Appeal Under S. 20 of the Commonwealth Employees' Compensation Act 1930 1956 Lapsed After Revocation of the Determination Appealed From
Outcome
Appeal and application for special leave to appeal dismissed with costs.
Legal Topics
["commonwealth Employees' Compensation" 'appeal From Administrative Determination' 'revocation of Determination Pending Appeal' 'jurisdiction and Subject Matter of Appeal']
['administrative Law' 'workers Compensation'] ["commonwealth Employees' Compensation" 'appeal From Administrative Determination' 'revocation of Determination Pending Appeal' 'jurisdiction and Subject Matter of Appeal']

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Procedural Posture

Appeal and Application for Special Leave to Appeal / High Court Appeal/application From a Magistrates Court Decision That an Appeal Under S. 20 of the Commonwealth Employees' Compensation Act 1930 1956 Lapsed After Revocation of the Determination Appealed From

Legal Issues

  1. 1 ["Whether the Commissioner or delegate could revoke a compensation determination under s. 6 (2) of the Commonwealth Employees' Compensation Act 1930-1956 after a notice of appeal had been given under s. 20." 'Whether any subject matter remained for the Magistrates Court appeal once the whole determination appealed from had been revoked.']

Ratio Decidendi

Because s. 6 (2) authorised revocation of a determination notwithstanding a pending s. 20 appeal, and the whole determination appealed from had been revoked, the subject matter of Swartz's appeal no longer existed and the magistrate had nothing to review; the High Court appeal and application for special leave therefore failed.

Court Disposition

Appeal and application for special leave to appeal dismissed with costs.

Orders

  • ['Appeal and application for special leave to appeal dismissed with costs.']