Fletcher v TNT Australia Pty Ltd

FEDERAL COURT OF AUSTRALIA

Fletcher v TNT Australia Pty Ltd [2014] FCA 725

Citation:

Fletcher v TNT Australia Pty Ltd [2014] FCA 725

Appeal from:

Fletcher and TNT Australia Pty Ltd [2013] AATA 173

Parties:

ROBIN FLETCHER v TNT AUSTRALIA PTY LTD, ADMINISTRATIVE APPEALS TRIBUNAL and COMCARE

File number(s):

NSD 560 of 2013

Judge(s):

BUCHANAN J

Date of judgment:

Corrigendum:

4 July 2014

9 September 2014

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth), s 44
Federal Court Rules 2011 (Cth), rr 33.32, 33.33
Safety, Rehabilitation and Compensation Act 1988 (Cth), s 14

Place:

Sydney

Division:

GENERAL DIVISION

Number of paragraphs:

21

FEDERAL COURT OF AUSTRALIA

Fletcher v TNT Australia Pty Ltd [2014] FCA 725

CORRIGENDUM

1. Wherever reference is made to the second respondent in paragraphs 7, 8, 10 and 19 those references be read as “third respondent”. 

I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Buchanan.

Associate:

Dated:       9 September 2014

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 560 of 2013

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

ROBIN FLETCHER
Appellant

AND:

TNT AUSTRALIA PTY LTD
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

COMCARE
Third Respondent

JUDGE:	BUCHANAN J
DATE OF ORDER:	4 JULY 2014
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The proceedings be listed for hearing at 10.15 am (Sydney time) on 9 September 2014. 

2.The parties comply with the steps set out in the judgment accompanying these directions.   

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 560 of 2013

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

ROBIN FLETCHER
Appellant

AND:

TNT AUSTRALIA PTY LTD
First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent

COMCARE
Third Respondent

JUDGE:	BUCHANAN J
DATE:	4 JULY 2014
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. These proceedings were initiated by a notice of appeal from a decision of the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth). They are proceedings, therefore, in the original jurisdiction of the Court.

2. The proceedings were initiated on 3 April 2013. The decision of the Administrative Appeals Tribunal was given on 27 March 2013. The decision of the Tribunal was that the applicant did not suffer an injury within the meaning of s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) as a result of his employment with the first respondent in the period from 1 July 2008, when the first respondent became a “licenced corporation”, to the date of the applicant’s resignation on 13 August 2010.

3. Important findings made by the Tribunal include the following (at [33]): 

   33.The weight of medical evidence is that the degree of symptoms reported by Mr Fletcher is inconsistent with the findings on clinical examination and the radiological evidence.

   and (at [38]): 

   38.While none of the experts are…