Gardner v Comcare [2003] FCA 1278
The journey ceased to be one between place of work and place of residence when the applicant arrived at Ferny Hills; subsequent travel to Mount Cotton was not covered by the statutory journey provisions, and the Tribunal's factual characterisation was open and did not involve legal error.
Source-derived case information.
- Parties
- Applicant: Russell Gardner; Respondent: Comcare Australia
- Jurisdiction
- Australia
- Judgment Date
- 11 November 2003
- Procedural Posture
- Appeal From Administrative Appeals Tribunal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Compensation for Injury During Journey, Definition of Place of Residence, Course of Employment, Interpretation of Statutory Provisions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Russell Gardner
Applicant
Comcare Australia
Respondent
Procedural Posture
Appeal From Administrative Appeals Tribunal / Final Judgment
Legal Issues
- 1 Whether applicant's injury occurred in the course of his employment
- 2 Meaning of 'place of residence' under Safety Rehabilitation and Compensation Act 1988 (Cth)
- 3 Whether journey from place of employment to normal place of residence, and then to weekend residence, constitutes travel from place of work to place of residence
Ratio Decidendi
The journey ceased to be one between place of work and place of residence when the applicant arrived at Ferny Hills; subsequent travel to Mount Cotton was not covered by the statutory journey provisions, and the Tribunal's factual characterisation was open and did not involve legal error.
Court Disposition
appeal dismissed
Orders
- The appeal be dismissed.
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