FEDERAL COURT OF AUSTRALIA
Szajna v Australian Postal Corporation [2014] FCA 1136
Citation: Szajna v Australian Postal Corporation [2014] FCA 1136 Appeal from: Szajna and Australian Postal Corporation [2013] AATA 898 Parties: ANTHEA SZAJNA v AUSTRALIAN POSTAL CORPORATION File numbers: QUD 7 of 2014 Judge: RANGIAH J Date of judgment: 24 October 2014 Corrigendum: 26 February 2015 Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether Tribunal made error of law –parties’ conduct contributed to Tribunal’s error – appeal allowed
WORKERS’ COMPENSATION – injury in the course of employment – meaning of injury – sudden disturbance of normal physiological state – whether Tribunal erred in finding an inevitable consequence of an underlying disease is not an injury
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1)
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A(1), 5B(1), 14(1), 64(1)Cases cited: Accident Compensation Commission v McIntosh [1991] 2 VR 253 cited
Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 applied
Comcare v Etheridge (2006) 149 FCR 522 distinguished
Comcare v Martinez (No 2) (2013) 212 FCR 272 cited
Darling Island Stevedoring & Lighterage Co Ltd v Hankinson (1967) 117 CLR 19 cited
Estate of Eduardo Ferro and Australian Postal Corporation [2010] AATA 119 overruled
Health Insurance Commission v Van Reesch [1996] FCA 1118; (1996) 45 ALD 302 cited
Henderson v Commissioner of Railways (WA) (1937) 58 CLR 281 cited
Hockey v Yelland (1984) 157 CLR 124 cited
Hope v Bathurst City Council (1980) 144 CLR 1 cited
Hospital Benefit Fund of Western Australia Inc v Minister for Health, Housing and Community Services (1992) 39 FCR 225 cited
Kennedy Cleaning Services Limited v Petkoska (2000) 200 CLR 286 cited
Kuswardana v Minister for Immigration & Ethnic Affairs (1981) 35 ALR 186 cited
O’Kane v Comcare [2014] FCA 341 cited
O'Neill v Lumbey (1987) 11 NSWLR 640 cited
Shi v Migration Agents Registration Authority (2008) 235 CLR 286 cited
TheCommonwealth v Ockenden (1958) 99 CLR 215 cited
Zickar v MGH Plastic Industries Pty Limited (1995) 187 CLR 310 explainedDate of hearing: 31 July 2014 Place: Brisbane Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 99 Counsel for the Applicant: Mr S Keim SC with Mr M Black Solicitor for the Applicant: Turner Freeman Lawyers Counsel for the Respondent: Mr Geoffrey Johnson SC with Mr Gregory Johnson Solicitor for the Respondent: Sparke Helmore Lawyers FEDERAL COURT OF AUSTRALIA
Szajna v Australian Postal Corporation [2014] FCA 1136
CORRIGENDUM
1.In paragraph 78, line 6 of the Reasons for Judgment, remove the duplicated word “that” before the word “Ferro”.
2.In paragraph 79, line 6 of the Reasons for Judgment, remove the duplicated words “did not” before the word “state”.
3.In paragraph 90, line 3 of the Reasons for Judgment, remove the word “of” after the words “ordinary meaning”.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Rangiah. Associate:
Dated: 26…
Keep reading for free
Create a free CaseChat account to read Szajna v Australian Postal Corporation and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] FCA 1136
- Decision Date
CaseChat Overview and Summary
The Full Bench of the Federal Court held that the AAT had misconstrued the term "injury" within s 5A(1) of the SRC Act. The AAT had concluded that the ventricular fibrillation suffered by Mr Szajna was not an injury because it was the inevitable consequence of his underlying coronary artery disease. The Full Bench found that this conclusion was an error of law because it imposed a principle of law that does not exist. The Full Bench held that the AAT was entitled to consider the inevitability of the ventricular fibrillation as a factor in determining whether it was an injury, but it was not entitled to conclude that it was not an injury solely on the basis of its inevitability. The Full Bench found that the AAT’s reasoning was flawed because it did not consider the possibility that the ventricular fibrillation could have been caused by factors other than the underlying disease. The Full Bench also found that the AAT had not properly considered the evidence of Dr Kenneth Hossack, who had given evidence that many people with coronary artery disease do not experience ventricular fibrillation over the course of their lives. The Full Bench held that the AAT’s conclusion that the ventricular fibrillation was the inevitable consequence of Mr Szajna’s coronary artery disease was not supported by the evidence. The Full Bench held that the AAT had erred in law by concluding that the ventricular fibrillation was not an injury within s 5A(1) of the SRC Act.
Orders
Orders of the court
1. The appeal be allowed.
2. The decision of the Administrative Appeals Tribunal (“the Tribunal”) made on 17 December 2013 be set aside and the case remitted to the Tribunal to be heard and decided again.
3. There be no order as to the costs of the appeal.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The respondent submits that:(a)the real point of contention before the Tribunal was whether Professor O’Rourke was correct in his opinion that ventricular fibrillation was the inevitable consequence of the progression of Mr Szajna’s coronary artery disease;(b)the issue of inevitability was posed by the parties, and answered by the Tribunal, as a question of fact, not law;(c)the question of whether there was an “injury” is itself a question of fact, not law;(d)the Tribunal was entitled to find, as a matter of fact, that the inevitable result of an underlying disease did not fall within the word “injury”; and(e)as the applicant cannot demonstrate an error of law, the appeal cannot succeed.Consideration The Tribunal’s function was to decide whether the decision made by the respondent to affirm its determination that the applicant was not entitled to compensation was the correct decision: Shi v Migration Agents Registration Authority (2008) 235 CLR 286 at [140] per Kiefel J. The only contentious issue before the Tribunal was whether Mr Szajna had suffered an “injury” within the meaning of that term in ss 5A(1) and 14(1) of the SRC Act. The approach of both parties was that this issue would be determined solely by the Tribunal answering the question of whether the ventricular fibrillation experienced by Mr Szajna on 7 February 2012 was the inevitable consequence of his underlying coronary artery disease. The parties concurred that if the answer was “yes”, Mr Szajna had not suffered an “injury” within ss 5A(1) and 14(1) and the applicant was not entitled to compensation. The Tribunal did what it was asked to do by the parties. It decided the question that they posed. Having decided that question, it concluded that there was no “injury” within ss 5A(1) and 14(1), as the parties agreed it must, and affirmed the decision under review. The applicant now submits that having concluded that Mr Szajna’s ventricular fibrillation was an inevitable consequence of his underlying coronary artery disease, the Tribunal made an error of law by concluding that it was then required as a matter of law to decide that Mr Szajna had not suffered an “injury”. The substance of the applicant’s argument is that the Tribunal applied a principle of law that does not exist. The purported principle is that a sudden physiological change that is an inevitable consequence of an underlying disease cannot be an “injury” within s 5A(1)(b) of the SRC Act. The applicant’s argument is a deeply unattractive one because she relies upon an alleged error that she accepts the parties induced the Tribunal to make. As unattractive as that argument may be, a decision of a Tribunal which is wrong in law, even though the error was substantially contributed to by the party bringing the appeal, may be overturned. The conduct of the applicant’s case before the Tribunal goes to the Court’s discretion as to whether to grant relief, rather than the question of whether an error of law was made: Kuswardana v Minister for Immigration & Ethnic Affairs (1981) 35 ALR 186 at 195; Hospital Benefit Fund of Western Australia Inc v Minister for Health, Housing and Community Services (1992) 39 FCR 225 at 231-233.