FEDERAL COURT OF AUSTRALIA
Singleton v Comcare [2019] FCA 2104
Appeal from: Singleton v Comcare (Compensation) [2018] AATA 4088 (1 November 2018) File number: ACD 91 of 2018 Judge: ABRAHAM J Date of judgment: 13 December 2019 Catchwords: WORKERS’ COMPENSATION – appeal from a decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed the respondent’s decision that the applicant’s Chronic Pain Syndrome (CPS) was not an “injury” for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) and the respondent was therefore not liable to pay compensation – whether Tribunal misconstrued the concept of “injury” in the SRC Act so as to exclude secondary CPS – whether Tribunal failed to address a significant part of the applicant’s case constituting an error of law – where alleged error of law turns on construction of the Tribunal’s reasons – appeal dismissed Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A, 5B, 14, 24, 25, 27, 61, 62 Cases cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 32
Australian Telecommunications Commission v Novak [1989] FCA 63; (1989) 86 ALR 457
Canute v Comcare [2006] HCA 47; (2006) 226 CLR 535
Collector of Customs v Pozzolanic [1993] FCA 456; (1993) 43 FCR 280
Comcare v Farrell [2016] FCAFC 115; (2016) 250 FCR 432
Comcare v Lofts [2013] FCA 1197; (2013) 217 FCR 220
Commonwealth of Australia v Ford [1986] FCA 94; (1986) 65 ALR 323
Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315
Howard v Comcare [2019] FCA 1031
Irwin v Military Rehabilitation and Compensation Commission [2009] FCAFC 33; (2009) 174 FCR 574
Lees v Comcare [1999] FCA 753; (1999) 56 ALD 84
Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220
Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259
Telstra Corporation v Hannaford [2006] FCAFC 87; (2006) 151 FCR 253
Telstra Corporation Ltd v Kotevski [2013] FCA 27; (2013) 209 FCR 558
Waterford v The Commonwealth [1987] HCA 25; (1987) 163 CLR 54
Date of hearing: 3 September 2019 Registry: Australian Capital Territory Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 75 Counsel for the Applicant: Mr P Walker with Mr A Anforth Solicitor for the Applicant: David Healey Solicitors Pty Ltd Counsel for the Respondent: Mr A Berger Solicitor for the Respondent: Lehmann Snell Lawyers ORDERS
ACD 91 of 2018 BETWEEN: BENJAMIN SINGLETON
Applicant
AND: COMCARE
Respondent
JUDGE:
ABRAHAM J
DATE OF ORDER:
13 DECEMBER 2019
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The applicant to pay the costs of the respondent to be agreed or taxed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
ABRAHAM J:
In 2013 the applicant suffered an…
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- Singleton v Comcare [2019] FCA 2104
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- [2019] FCA 2104
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CaseChat Overview and Summary
The key legal issues before the court were whether the AAT misconstrued the concept of “injury” in the SRC Act by excluding secondary CPS, and whether the AAT failed to address a significant part of the applicant’s case, amounting to an error of law. The applicant argued that the AAT misconstrued the meaning of “injury” by considering the CPS as not separate from the shoulder injury, whereas the respondent contended that the AAT’s decision was based on a correct interpretation of the evidence presented. The applicant also submitted that the AAT addressed the wrong question by focusing on whether the CPS was related to the shoulder injury rather than whether it constituted an injury in itself.
The court found that the AAT’s decision was based on a proper interpretation of the evidence and relevant legal principles. The court highlighted that the AAT did not misconstrue the meaning of “injury” but rather accepted the evidence that the applicant’s CPS was not a separate injury from the right shoulder injury. The court further noted that the AAT correctly identified the relevant principles and addressed the question of whether the CPS was an injury within the meaning of the SRC Act. The court emphasised that the AAT’s reasons must be read fairly and as a whole, and it was not appropriate to construe the reasons minutely and finely to find an error. The court concluded that the applicant had not demonstrated an error of law on the part of the AAT.
The court dismissed the appeal and ordered the applicant to pay the respondent’s costs, to be agreed or taxed. This ruling underscores the importance of correctly interpreting statutory definitions and evidence in workers’ compensation cases and affirms the AAT’s authority in reassessing liability for injuries under the SRC Act.
Orders
Orders of the court
1. The appeal be dismissed.
2. The applicant to pay the costs of the respondent to be agreed or taxed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The respondent cautioned against this Court slipping from legitimate review of the Tribunal's decision on a question of law into reconsideration of the merits of its decision and also to avoid construing the Tribunal’s reasons “minutely and finely with an eye keenly attuned to the perception of error”: Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 (Wu Shan Liang) at 271-272 per Brennan CJ, Toohey, McHugh and Gummow JJ citing the Full Court (Neaves, French and Cooper JJ) in Collector of Customs v Pozzolanic [1993] FCA 456; (1993) 43 FCR 280 at 287.Consideration The applicant bears the onus of demonstrating an error of law on the part of the Tribunal: Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 at [192]-[202] per Allsop CJ, Kenny, Besanko, Robertson and Mortimer JJ. Moreover, as the respondent submitted, the Tribunal’s reasons “are not to be construed minutely and finely with an eye keenly attuned to the perception of error”: Wu Shan Liang at 271-272 per Brennan CJ, Toohey, McHugh and Gummow JJ, and the reasons must be read fairly and as a whole: Wu Shan Liang at 291 per Kirby J. The legal principles relevant to determining this matter were not in dispute in the Tribunal, and no challenge is made to the accuracy of the Tribunal’s recitation of those relevant principles. Against that background, the respondent’s submissions should be accepted. First, while the applicant submitted that the evidence before the Tribunal was relevant context, that evidence does not support his submission that the Tribunal misconstrued the meaning of “injury”. Rather, the Tribunal’s conclusion is based on an acceptance of certain evidence which was before it, and not a misconstruction of the concept of “injury”. This case is to be distinguished from Howard v Comcare, where the Tribunal found that CPS was secondary to an earlier injury. As Perry J concluded, based on that finding, the Tribunal had misconstrued the meaning of an “injury” because secondary injuries are injuries for the purposes of the SRC Act. The Tribunal in this case made no such finding. To the contrary, the Tribunal concluded the applicant’s CPS was not a separate injury from the right shoulder injury. While the applicant relied on certain evidence which, he submitted, was capable of supporting a finding that the applicant’s shoulder injury and CPS was not part of a single resultant effect, the applicant did not go so far as to submit that there was no evidence to support the finding made by the Tribunal. I note also that the evidence referred to by the applicant is considered by him in isolation of the remainder of the witness’ evidence. In any event, that there may have been such other evidence does not amount to an error of law: Waterford at 77, Rajalingam at [146]. Moreover, that evidence does not establish any misconstruction of “injury” by the Tribunal. Second, contrary to the applicant’s submission, the Tribunal did not address the wrong question. The submission, which was based on the assertion that the Tribunal acted upon an incorrect description of its task given by the respondent, is not borne out on a proper reading of its reasons. While the applicant submitted that the Tribunal appeared to adopt the approach that if the CPS was related to the shoulder injury it necessarily was not an injury in itself, the applicant did not identify any passage in the reasons in support of that submission. To the contrary, the Tribunal correctly identified the relevant principles and against that background, addressed the question whether the applicant’s CPS was an injury within the meaning of the SRC Act. This recitation of principles included the passage from Canute which makes clear there is no basis for distinguishing between primary and secondary injuries. Moreover, the respondent’s submission which underpins this aspect of the applicant’s argument, (that the applicant did not suffer an injury characterised by pain but rather he suffered pain because he has an injury to the right shoulder), was a factual submission.