Riddle v Telstra Corporation Limited

FEDERAL COURT OF AUSTRALIA

Riddle v Telstra Corporation Limited [2006] FCA 58

COMPENSATION – Commonwealth employees – Jurisdiction of Administrative Appeals Tribunal – whether Tribunal made findings on review inconsistent with findings supporting prior determination of liability not the subject of review – whether Tribunal may make such findings.

Administrative Appeals Tribunal Act 1975 (Cth) s 43
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 17, 19, 24, 62, 114D

Associated Provincial Picture Houses Ltd v Wednesbury Corporation Ltd [1948] 1 KB 223 cited
Attorney-General (NSW) v Quin (1990) 170 CLR 1 referred to
Australian Postal Corporation v Oudyn [2003] FCA 318 referred to
Comcare v Hill (1999) 56 ALD 487 referred to
Hannaford v Telstra Corporation Limited [2005] FCA 1298 considered
Lees v Comcare (1999) 56 ALD 84 considered
March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 referred to
Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 referred to
Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred to
Power v Comcare (1998) 89 FCR 514 applied
Rosillo v Telstra Corporation Limited [2003] FCA 1628 referred to
Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 cited
Friends of Hinchinbrook Society Inc v Minister for Environment (No. 2) (1997) 69 FCR 28 referred to

LESLIE RIDDLE v TELSTRA CORPORATION LIMITED

NSD 592 OF 2005

EDMONDS J
10 FEBRUARY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 592 OF 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	LESLIE RIDDLE APPLICANT
AND:	TELSTRA CORPORATION LIMITED RESPONDENT
JUDGE:	EDMONDS J
DATE OF ORDER:	10 FEBRUARY 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The applicant pay the respondent’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	NSD 592 OF 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	LESLIE RIDDLE APPLICANT
AND:	TELSTRA CORPORATION LIMITED RESPONDENT

JUDGE:	EDMONDS J
DATE:	10 FEBRUARY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

EDMONDS J:

INTRODUCTION

1. This is an appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (‘the AAT Act’) from three decisions of the Administrative Appeals Tribunal constituted by Senior Member Ettinger and Member Dr Thorpe (‘the Tribunal’) given on 24 March 2005 at Sydney.

2. The Tribunal proceedings comprised three separate applications heard together.

3. In Matter N2004/40 the applicant sought review of a decision dated 6 January 2004 which affirmed a determination dated 28 October 2003 ceasing liability in respect of ‘aggravation of pre-existing spinal canal stenosis at L4/5’ on and from 28 October 2003.

4. In Matter N2004/1095 the applicant sought review of a decision dated 19 August 2004 which affirmed a determination dated 4 August 2004 denying liability in respect of permanent impairment allegedly resulting from that condition.

5. In Matter N2004/1410 the applicant sought review of a decision dated 26 October 2004 which affirmed a determination…