Commonwealth Banking Corporation v O'Neill, T.M. [1988] FCA 372
The Tribunal erred in law by substituting the 'latching on' metaphor for the statutory test required by s.29(1) of the Compensation (Commonwealth Government Employees) Act 1971; therefore the appeal from the Tribunal was rightly allowed and remitted for rehearing before a different member.
- Parties
- Appellant: Commonwealth Banking Corporation; Respondent: Terrence Michael O'Neill
- Jurisdiction
- Australia
- Judgment Date
- 15 July 1988
- Procedural Posture
- Appeal / Appeal From a Single Judge to the Full Court
- Outcome
- appeal dismissed with costs
- Legal Topics
- Statutory Interpretation, Contributing Factor Test, Compensation for Disease, Error of Law in Tribunal Reasoning
Case Brief
Summary, issues, holding and outcome
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Parties
Commonwealth Banking Corporation
Appellant
Terrence Michael O'Neill
Respondent
Procedural Posture
Appeal / Appeal From a Single Judge to the Full Court
Legal Issues
- 1 Whether the Administrative Appeals Tribunal applied the correct statutory test under s.29(1) of the Compensation (Commonwealth Government Employees) Act 1971
- 2 Whether employment was a contributing factor to the contraction or aggravation or acceleration of disease
- 3 Whether use of 'latching on' metaphor constituted an error of law
Ratio Decidendi
The Tribunal erred in law by substituting the 'latching on' metaphor for the statutory test required by s.29(1) of the Compensation (Commonwealth Government Employees) Act 1971; therefore the appeal from the Tribunal was rightly allowed and remitted for rehearing before a different member.
Court Disposition
appeal dismissed with costs
Orders
- The appeal be dismissed with costs
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