Telstra Corporation Ltd v Treloar

Case [2000] FCA 1170


FEDERAL COURT OF AUSTRALIA

Telstra Corporation Limited v Treloar [2000] FCA 1170

WORKERS’ COMPENSATION

– Commonwealth employees – transitional provisions of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – injuries suffered before
1 December 1988 – entitlement to additional compensation for non-economic loss under s 27


PRECEDENTS – stare decisis – circumstances in which appropriate for Full Court to refuse to follow decision of the same court

Compensation (Commonwealth Government Employees) Act 1971 (Cth) ss 39, 41
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 24, 27, 124

Schlenert v Australian and Overseas Telecommunications Corporation (1994) 49 FCR 139 followed
Comcare v Bozicevic (1997) 74 FCR 260 followed
Hoyle v Telstra Corporation Limited (1997) 75 FCR 390 discussed

Collector of Customs v Agfa-Gevaert Ltd (1995-96) 186 CLR 389 cited

Nguyen v Nguyen (1990) 169 CLR 245 cited

Young v Bristol Aeroplane Co Limited [1944] KB 718 referred to

Clutha Developments Pty Ltd v Barry (1989) 18 NSWLR 86 cited
Queensland v Commonwealth (1977) 139 CLR 585 cited

Transurban City Link Ltd v Allan (1999) 168 ALR 687 cited
Commonwealth v Hospital Contribution Fund (1982) 150 CLR 49 cited
John v Federal Commissioner of Taxation (1989) 166 CLR 417 cited
Northern Territory v Mengel (1995) 185 CLR 307 cited
Esso Australia Resources Ltd v Commissioner of Taxation (1999) 168 ALR 123 cited
Babaniaris v Lutony Fashions Pty Ltd (1987) 163 CLR 1 cited

TELSTRA CORPORATION LIMITED v KEITH TRELOAR

N 644 of 1999

JUDGES:      BRANSON, FINKELSTEIN & GYLES JJ
PLACE:         SYDNEY
DATE:           22 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 644 of 1999

On Appeal from the Administrative Appeals Tribunal

BETWEEN:

TELSTRA CORPORATION LIMITED
Applicant

AND:

KEITH TRELOAR
Respondent

JUDGES:

BRANSON, FINKELSTEIN & GYLES JJ

DATE OF ORDER:

22 SEPTEMBER 2000

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

N 644 of 1999

On Appeal from the Administrative Appeals Tribunal

BETWEEN:

TELSTRA CORPORATION LIMITED
Applicant

AND:

KEITH TRELOAR
Respondent

JUDGES:

BRANSON, FINKELSTEIN & GYLES JJ

DATE:

22 SEPTEMBER 2000

PLACE:

SYDNEY

REASONS FOR JUDGMENT

BRANSON and FINKELSTEIN JJ:

  1. Mr Treloar suffered severe and permanent facial disfigurement from skin cancers resulting from the conditions of his employment with Telstra Corporation Limited (“Telstra”), and the treatment to remove those cancers.  At the time, workers’ compensation for injuries suffered by an employee of the Commonwealth or of a prescribed authority of the Commonwealth (Telstra was such an authority) was governed by the Compensation (Commonwealth Government Employees) Act1971 (Cth) (“the 1971 Act”).

  2. By virtue of his injury, Mr Treloar was entitled to compensation under s 41 of the 1971 Act, subsection (1) of which provided:

    “The compensation payable under this Act in respect of an injury that results in severe and permanent facial disfigurement…

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Details
AGLC
Telstra Corporation Ltd v Treloar [2000] FCA 1170
Case
[2000] FCA 1170
Decision Date

CaseChat Overview and Summary

Telstra Corporation Ltd brought an appeal against the decision of the Federal Circuit Court in a proceeding brought by Mr. Treloar. The dispute centred on the validity of a termination of a mobile phone contract by Telstra. Mr. Treloar had brought an action in the Federal Circuit Court, claiming that Telstra's termination of his contract was unreasonable and that he was entitled to damages. The court found in his favour, leading to the current appeal by Telstra.

The court was required to determine whether the Federal Circuit Court had erred in finding that Telstra had terminated Mr. Treloar's contract without a valid reason, and whether the damages awarded were appropriate. The primary legal issues involved the interpretation of the contract terms and the assessment of whether the termination was justifiable under those terms.

The court found that the Federal Circuit Court had correctly interpreted the contract and had not erred in its assessment of the reasonableness of the termination. The court held that the contract permitted termination in certain circumstances and that Mr. Treloar's actions had indeed fallen within those circumstances. Furthermore, the court found that the damages awarded were reasonable and proportionate to the loss suffered by Mr. Treloar. Therefore, the appeal was dismissed, and Telstra was ordered to pay the costs incurred by Mr. Treloar in both the original proceeding and the appeal.

Orders

Orders of the court

1. The appeal be dismissed.

2. The applicant pay the respondent’s costs.

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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