Slattery v Comcare

Case [1996] FCA 883


CATCHWORDS

WORKERS COMPENSATION - Commonwealth Employees Compensation - Employee injured and receives compensation for post traumatic stress syndrome as a result of two collisions - Whether separate entitlement to compensation for injuries suffered in each collision although only one supervening incapacity - Whether recovery of damages in respect of the injuries suffered in the first collision precluded continuation of payment of compensation in respect of the injuries suffered in the second collision - Whether injuries suffered merged or resulted in only the one medical condition - Whether the Administrative Appeals Tribunal erred in law in determining the issue prior to all of the medical evidence being adduced - Whether relief should be refused on discretionary grounds.

Safety Rehabilitation and Compensation Act 1988 (Cth) s.48
Compensation (Commonwealth Government Employees) Act 1971 (Cth) ss.5, 27, 98, 99

Australian Telecommunications Commission v. Leech (1982) 44 ALR 441, (1982) 69 FLR 409
Fisher v. Hebburn Ltd. (1960) 105 CLR 188
Accident Compensation Commission v. C.E. Heath Underwriting & Insurance (Aust.) Pty. Ltd. (1994) 121 ALR 417, (1994) 68 ALJR 525.
Commonwealth of Australia v. Keogh (1983) 50 ALR 693
Re Browne (1988) 14 ALD 705
Secretary, Department of Social Security v. Siviero (1986) 13 FCR 431
Telstra Corporation Ltd. v. Barrow (1994) 19 AAR 523
Mindin v. Comcare (Federal Court of Australia, O'Loughlin J unreported 1 July 1996)
Stead v. State Government Insurance Commission (1986) 161 CLR 141
Secretary Department of Social Security v. Cooper (1990) 26 FCR 13.

VG794/1995 JOHN ADRIAN SLATTERY V. COMCARE

CORAM:MERKEL J.

PLACE:MELBOURNE

DATE:9 OCTOBER 1996

IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY
GENERAL DIVISION  VG No. 794 of 1995

On appeal from the General Administrative Division of
the Administrative Appeals Tribunal constituted by
Mrs. H.E. Hallowes, Senior Member, Mr. A. Argent, Member,
and Mr. I.L.G. Campbell, MC, Member

JOHN ADRIAN SLATTERY
  Applicant

and

COMCARE
  Respondent

CORAM:MERKEL J.

PLACE:MELBOURNE

DATE:9 OCTOBER 1996

MINUTES OF ORDERS

  1. The decision of the Administrative Appeals Tribunal be set aside.

  1. The matter be remitted to the Administrative Appeals Tribunal to be determined in accordance with law.

  1. The respondent pay one-half of the applicant's costs of the appeal.

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

IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY
GENERAL DIVISION  VG No. 794 of 1995

On appeal from the General Administrative Division of
the Administrative Appeals Tribunal constituted by
Mrs. H.E. Hallowes, Senior Member, Mr. A. Argent, Member,
and Mr. I.L.G. Campbell, MC, Member

JOHN ADRIAN SLATTERY
  Applicant

and

COMCARE
  Respondent

CORAM:MERKEL J.

PLACE:MELBOURNE

DATE:9 OCTOBER 1996

REASONS FOR JUDGMENT

The facts
The applicant lodged a claim for compensation pursuant to the Commonwealth Employees Compensation Act 1930 (Cth) ("the 1930 Act") on 27 August 1970 for "fatty infiltration of liver and anxieties" caused by being on the HMAS Melbourne when it collided with the HMAS Voyager on 10 February 1964 ("the Voyager collision") and with the USS Frank E. Evans on 2 June 1969 ("the…

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Details
AGLC
Slattery v Comcare [1996] FCA 883
Case
[1996] FCA 883
Decision Date

CaseChat Overview and Summary

John Adrian Slattery sought compensation for injuries he sustained from two separate collisions involving the HMAS Melbourne, one with the HMAS Voyager in 1964 and the other with the USS Frank E. Evans in 1969. Initially, his claim was denied but later accepted, leading to compensation payments from 1970 to 1993. In 1993, Slattery recovered common law damages for the injuries sustained in the Voyager collision, resulting in the cessation of his compensation payments. The Administrative Appeals Tribunal (AAT) affirmed the decision to stop the payments, finding that the injuries for which damages were recovered were the same as those for which compensation was payable. Slattery appealed to the Federal Court, arguing that the AAT erred in deciding the case without hearing all medical evidence, which would have clarified whether his injuries from the two collisions were distinct or had merged. The court agreed that the AAT erred in law by not allowing all relevant evidence to be presented before making its decision, which deprived Slattery of procedural fairness. The Federal Court set aside the AAT's decision and remitted the case for reconsideration in light of the full evidence. The court ordered the respondent to pay half of the applicant's costs of the appeal.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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