Martin v Australian Postal Corporation

FEDERAL COURT OF AUSTRALIA

Martin v Australian Postal Corp [1999] FCA 655

ADMINISTRATIVE LAW   )
COMPENSATION               ) – obligation of AAT to give reasons – error of law to make finding without evidence – failure to consider relevant matters – consideration of irrelevant matters – whether part of a permanent impairment was due to a constitutional disease – aggravation or acceleration of disease – whether finding of 10% permanent impairment could be made in the face of possibility that the natural progression of the disease would have overtaken the aggravation or acceleration – reference to history of workers’ compensation as aid to construction – role of the “approved Guide” – whether it is “possible to isolate the compensable effects of an injury upon a pre-existing or underlying condition”.

Safety Rehabilitation and Compensation Act 1988 (Cwth), ss 4, 7(6), 24, 27, 28
Administrative Appeals Tribunal Act 1975 (Cwth), s 43(2), (2B)

Secretary, Department of Social Security v Murphy (1998) 52 ALD 268 referred to
Repatriation Commission v O’Brien (1985) 155 CLR 422 referred to
Collins v Repatriation Commission (1980) 32 ALR 581 referred to
Sullivan v Department of Transport (1978) 20 ALR 323 referred to
Bowman v Repatriation Commission (1981) 34 ALR 556 referred to
Dornan v Riordan (1990) 24 FCR 564 referred to
Australian Postal Commission v Lucas (1991) 33 FCR 101 referred to
Brackenreg v Comcare Australia (1995) 56 FCR 335 referred to
Waldron v Comcare Australia (1995) 37 ALD 471 referred to
Soldatow v Australia Council (1991) 28 FCR 1 referred to
Farrelly v Minister for Immigration, Local Government and Ethnic Affairs (Hill J, unreported, 9 May 1991) referred to
Anjum v Minister for Immigration and Ethnic Affairs (1998) 52 ALD 225 referred to
Haidar v Secretary, Department of Social Security (1998) 52 ALD 255 referred to
Salisbury v Australian Iron and Steel Ltd (1943) 44 SR(NSW) 157 applied
The Darling Island Stevedoring and Lighterage Co. Limited v Hankinson (1967) 117 CLR 19 applied
Zizzati Pty Limited v Ademoski (Handley, Sheller and Powell JJA, unreported, 7 April 1995) referred to
McLaughlin & Co Pty Ltd v Brinnand [1965] WCR 112 referred to
Casarotto v Australian Postal Commission (1989) 86 ALR 399 referred to
Australian Telecommunications Corporation v Davis (1991) 30 FCR 467 referred to
Brennan v Comcare (1994) 50 FCR 555 referred to
Comcare v Bozicevic (1997) 144 ALR 132 referred to
Comcare v Amorebieta (1996) 66 FCR 83 discussed
Comcare v Levett (1995) 60 FCR 14 referred to

JOHN MARTIN v AUSTRALIAN POSTAL CORPORATION

NG 25 of 1998

Burchett J
14 May 1999
Sydney

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 25 of 1998

BETWEEN:

JOHN MARTIN
Applicant

AND:

AND BETWEEN:

AND:

AUSTRALIAN POSTAL CORPORATION
Respondent

AUSTRALIAN POSTAL CORPORATION
Cross-Applicant

JOHN MARTIN
Cross-Respondent

JUDGE:

BURCHETT J

DATE OF ORDER:

14 MAY 1999

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

The applicant bring in, on a date to be fixed, short minutes of orders to reflect the reasons of the Court.

Note:    Settlement…