Slattery, John Adrian v Comcare [1996] FCA 883

Slattery, John Adrian v Comcare [1996] FCA 883

The AAT erred in law by failing to address the question required by s.99(2) of the Compensation (Commonwealth Government Employees) Act 1971, namely whether the injuries for which damages were recovered were the same injuries as those for which compensation remained payable. Section 99 required attention to the injuries rather than merely the single resulting incapacity. Alternatively, if the AAT did address the correct question, it erred by determining it before all proposed medical evidence was adduced, thereby denying the applicant procedural fairness. Relief was not refused because the Court was not satisfied there was no real possibility of a different result on remittal.

Jurisdiction
Australia
Judgment Date
09 October 1996
Procedural Posture
Appeal From the General Administrative Division of the Administrative Appeals Tribunal / Federal Court Appeal on Error of Law From AAT Decision
Outcome
Appeal allowed; AAT decision set aside and matter remitted to the AAT for determination according to law.
Legal Topics
['commonwealth Employees Compensation' 'common Law Damages and Compensation Set Off' 'post Traumatic Stress Syndrome' 'separate Injuries and Incapacity' 'procedural Fairness' 'remittal to Administrative Appeals Tribunal']
['workers Compensation' 'administrative Law'] ['commonwealth Employees Compensation' 'common Law Damages and Compensation Set Off' 'post Traumatic Stress Syndrome' 'separate Injuries and Incapacity' 'procedural Fairness' 'remittal to Administrative Appeals Tribunal']

Case Brief

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Procedural Posture

Appeal From the General Administrative Division of the Administrative Appeals Tribunal / Federal Court Appeal on Error of Law From AAT Decision

Legal Issues

  1. 1 ['Whether the injuries in respect of which common law damages were recovered were the same injuries as those for which compensation was payable.' 'Whether recovery of damages for injuries suffered in the Voyager collision precluded continuing compensation in respect of injuries suffered in the Evans collision.' 'Whether the AAT erred in law by focusing on one incapacity rather than the injuries for the purposes of s.99(2) of the Compensation (Commonwealth Government Employees) Act 1971.' 'Whether the AAT erred in determining the issue before all proposed medical evidence was adduced.' 'Whether relief should be refused on discretionary or futility grounds.']

Ratio Decidendi

The AAT erred in law by failing to address the question required by s.99(2) of the Compensation (Commonwealth Government Employees) Act 1971, namely whether the injuries for which damages were recovered were the same injuries as those for which compensation remained payable. Section 99 required attention to the injuries rather than merely the single resulting incapacity. Alternatively, if the AAT did address the correct question, it erred by determining it before all proposed medical evidence was adduced, thereby denying the applicant procedural fairness. Relief was not refused because the Court was not satisfied there was no real possibility of a different result on remittal.

Court Disposition

Appeal allowed; AAT decision set aside and matter remitted to the AAT for determination according to law.

Orders

  • ['The decision of the Administrative Appeals Tribunal be set aside.' 'The matter be remitted to the Administrative Appeals Tribunal to be determined in accordance with law.' "The respondent pay one-half of the applicant's costs of the appeal."]