Australian Offshore Services v Collins, John - [1996] FCA 1023

CATCHWORDS

ADMINISTRATIVE LAW - Administrative Appeal Tribunal - alleged error of law - whether tribunal failed to consider serious submissions - whether findings of tribunal properly stated

Administrative Appeals Tribunal Act 1975 (Cth)

Lennell v Repatriation Commission (1982) 4 ALN 29
Bisley Investment Corporation Ltd v Australian Broadcasting Tribunal (1982) 59 FLR 132
Federal Commissioner of Taxation v Cainero (1988) 88 ATC 4427 Politis v Federal Commissioner of Taxation (1988) 88 ATC 5029 Puhlhofer v Hillingdon London Borough Council [1986] 1 AC 484
Apthorpe v Repatriation Commission (1987-88) 77 ALR 42
Hooke v Repatriation Commission (unreported, Full Court of the Federal Court of Australia, 11 February 1988)
Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267
Sullivan v Department of Transport (1978) 20 ALR 323
Australian Postal Corporation v Lucas (1991) 14 AAR 487

BETWEEN:

AUSTRALIAN OFFSHORE SERVICES Applicant

- and -

JOHN COLLINS Respondent

O'Loughlin J
Adelaide
22 November 1996

IN THE FEDERAL COURT OF AUSTRALIA )
  )
SOUTH AUSTRALIA DISTRICT REGISTRY )    No SG 47 of 1996
  )
GENERAL DIVISION                 )

B E T W E E N:

AUSTRALIAN OFFSHORE
  SERVICES
  Applicant
  - and -

JOHN COLLINS
Respondent

MINUTES OF ORDER

Coram:    O'Loughlin J
Place:    Adelaide
Date:     22 November 1996

THE COURT ORDERS THAT:

The appeal be dismissed.

The applicant pay the respondents costs of and incidental to the appeal which costs are to be taxed in default of agreement.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA )
  )
SOUTH AUSTRALIA DISTRICT REGISTRY )    No SG 47 of 1996
  )
GENERAL DIVISION                 )

B E T W E E N:

AUSTRALIAN OFFSHORE
  SERVICES
  Applicant
  - and -

JOHN COLLINS
Respondent

REASONS FOR JUDGMENT

Coram:    O'Loughlin J
Place:    Adelaide
Date:     22 November 1996

The applicant in these proceedings, Australian Offshore Services, appeals against a finding of the Administrative Appeals Tribunal ("the Tribunal"). The effect of the finding was that the applicant was liable, as from 25 February 1995 until otherwise determined, to pay compensation to its former employee, John Collins, the respondent.

Mr Collins suffered a compensable injury on 19 October 1993. On that day he was working in the employ of the applicant as a seafarer on the vessel "Far Sword". He slipped on a hammer, injuring his right knee and his back. On 29 December 1993 he left the employ of the applicant and in mid-February 1994 he took up employment as a seafarer with R W Miller & Co (SA) Pty Ltd on board the vessel "Island Seaway". Mr Collins continued

in that employment until about 17 May 1994 when he was certified incapacitated for work. He claimed and was paid compensation by the applicant from this date, pursuant to the Seafarers Rehabilitation and Compensation Act 1992 (Cth).

On 21 February 1995 the applicant to wrote Mr Collins informing him that,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Australian Offshore Services v Collins, John

Details

AGLC: Australian Offshore Services v Collins, John [1996] FCA 1023
Case: [1996] FCA 1023
Decision Date: 22 NOVEMBER 1996

CaseChat Overview and Summary

In the Federal Court of Australia, Australian Offshore Services, the applicant, appealed against a decision of the Administrative Appeals Tribunal (the Tribunal) which found that the applicant was liable to pay compensation to its former employee, John Collins, the respondent. Mr Collins had suffered a compensable injury on 19 October 1993 while working as a seafarer on the vessel "Far Sword". The applicant had deemed him fit to resume his pre-injury employment and stopped paying compensation. Mr Collins sought a review by the Tribunal which found in his favour and ordered the applicant to pay compensation from 25 February 1995. The applicant claimed that the Tribunal erred in law by not considering a submission that Mr Collins's incapacity was caused by an incident on the vessel "Island Seaway" in April 1994.

The court considered whether the Tribunal failed to consider the submission about the April 1994 incident and if it was an error of law. The court noted that while the Tribunal did not extensively discuss the incident, it acknowledged the submission and made findings based on the evidence. The court also considered the conflicting medical evidence, where the Tribunal rejected the applicant's medical expert's opinion and accepted the evidence of Dr Byrne, who attributed Mr Collins's back pain to the October 1993 incident. The court concluded that the Tribunal's reasons amounted to a sufficient compliance with the provisions of sub-ss (2) and (2B) of s 43 of the Administrative Appeals Tribunal Act 1975 (Cth).

The appeal was dismissed with costs. The Honourable Justice O'Loughlin made these reasons for judgment on 22 November 1996 in Adelaide.

Orders