Lee v Transpacific Industries Pty Ltd

The applicant, Mr Wayne Lee, sought an extension of time to appeal a decision of the Administrative Appeals Tribunal (the Tribunal). The decision concerned a claim for workers' compensation in respect of an injury Mr Lee suffered at a roadhouse while on his way back from a medical appointment. The Tribunal rejected the claim, finding that the injury did not occur in the course of employment. The Federal Court granted an extension of time for the appeal and allowed the appeal. The Court found that the Tribunal erred in applying the principle established in Hatzimanolis v ANI Corporation Ltd. The injury Mr Lee suffered at the roadhouse occurred in the course of his employment because it occurred while he was engaged in an activity that his employer had encouraged or induced him to undertake. The Court did not remit the matter to the Tribunal because it was of the view that it could exercise its powers under s 44(4) of the Administrative Appeals Tribunal Act 1975 (Cth) without having to send the matter back to the Tribunal.