Taboada, Monica v Baptist Community Services NSW & ACT [1996] FCA 569

Taboada, Monica v Baptist Community Services NSW & ACT [1996] FCA 569

The appeal to the Supreme Court was by way of rehearing and s.391 expressly empowered that Court to receive further evidence. Because the Magistrate's award included a continuing award of total incapacity compensation, the continuing aspect was part of the matter before the Supreme Court on appeal. The Supreme Court therefore had jurisdiction to receive evidence of the renewed November 1995 employment offer and to act on the whole of the evidence when varying the award. That evidence supported the finding that suitable work was reasonably available from 20 November 1995 and that the appellant's incapacity had ceased to be total. The Federal Court accordingly dismissed the appeal.

Jurisdiction
Australia
Judgment Date
20 June 1996
Procedural Posture
Workers' Compensation Appeal / Appeal to the Federal Court of Australia From a Judge of the Supreme Court of the Australian Capital Territory
Outcome
Appeal dismissed with costs.
Legal Topics
['appeal by Way of Rehearing' 'further Evidence on Appeal' "continuing Workers' Compensation Award" 'jurisdiction of the Supreme Court of the Australian Capital Territory on Appeal']
["workers' Compensation" 'appeals' 'civil Procedure'] ['appeal by Way of Rehearing' 'further Evidence on Appeal' "continuing Workers' Compensation Award" 'jurisdiction of the Supreme Court of the Australian Capital Territory on Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Workers' Compensation Appeal / Appeal to the Federal Court of Australia From a Judge of the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ['Whether the Supreme Court erred in permitting the respondent to call evidence on the appeal.' "Whether the Supreme Court could receive and act on evidence about matters occurring after the Magistrate's award." "Whether the Supreme Court's appellate jurisdiction extended to varying or discharging the continuing aspect of a workers' compensation award." "Whether there was evidence supporting a finding that the appellant's capacity for work had changed."]

Ratio Decidendi

The appeal to the Supreme Court was by way of rehearing and s.391 expressly empowered that Court to receive further evidence. Because the Magistrate's award included a continuing award of total incapacity compensation, the continuing aspect was part of the matter before the Supreme Court on appeal. The Supreme Court therefore had jurisdiction to receive evidence of the renewed November 1995 employment offer and to act on the whole of the evidence when varying the award. That evidence supported the finding that suitable work was reasonably available from 20 November 1995 and that the appellant's incapacity had ceased to be total. The Federal Court accordingly dismissed the appeal.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']