Nikolovski v Telstra Corporation Ltd

FEDERAL COURT OF AUSTRALIA

Nikolovski v Telstra Corporation Ltd [2002] FCA 846

ADMINISTRATIVE LAW – application for review of a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed five decisions made pursuant to the Safety Rehabilitation and Compensation Act 1988 (Cth) – whether the Tribunal failed to set out its findings on material questions of fact and to refer to evidence or other materials on which those findings were based – where the Tribunal’s reasons contained no direct or discrete discussion of one of the decisions under appeal – whether the matter should be remitted for rehearing to the Tribunal differently constituted or to the same Tribunal.

Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B)
Safety Rehabilitation and Compensation Act 1988 (Cth)

Brackenreg v Comcare Australia (1995) FCR 335 referred to
Carroll v Australian Jockey Club (1999) 19 NSWCCR 164 referred to
Comcare Australia v Hill (1999) 56 ALD 487 referred to
Industry Research and Development Board v IMT Ltd (2001) 46 ATR 275 referred to

NIKOLOVSKI v TELSTRA CORPORATION LTD

N 1553 of 2001

MOORE J
5 JULY 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1553 OF 2001

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	CANE NIKOLOVSKI APPLICANT
AND:	TELSTRA CORPORATION LTD RESPONDENT
JUDGE:	MOORE J
DATE OF ORDER:	5 JULY 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The decision of the Administrative Appeals Tribunal in matter N 2000/1929 to affirm the decision dated 19 December 2000 that affirmed a determination dated 29 September 2000 be set aside.

2.The Tribunal, differently constituted, rehear the application for review concerning the decision referred to in order 1.

3.        The appeal otherwise be dismissed.

4.        The respondent pay the applicant’s costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1553 OF 2001

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	CANE NIKOLOVSKI APPLICANT
AND:	TELSTRA CORPORATION LTD RESPONDENT

JUDGE:	MOORE J
DATE:	5 JULY 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

Introduction

1. This is an appeal by Mr Cane Nikolovski (“the applicant”) from a decision of the Administrative Appeals Tribunal (“the Tribunal”) dated 25 October 2001 made pursuant to s 37 of the Administrative Appeals Tribunal Act 1975 (Cth) (“the Act”). In its decision the Tribunal affirmed five decisions made pursuant to the Safety Rehabilitation and Compensation Act 1988 (Cth) ("the Compensation Act").

2. The decisions which were the subject of the appeal to the Tribunal were described in its reasons:

   “(i)Matter N2000/1097 which sought review of a ‘reviewable decision’ dated 3 July 2000 which affirmed a prior decision dated 28 March 2000 that the Applicant was not entitled to any award for permanent impairment caused by the condition described as ‘recurrence of thoraco lumbar strain’.

   (ii)Matter N2000/1701 which sought review of a ‘reviewable decision’ dated 24 October 2000 which decision affirmed a prior determination dated 1 June 2000…