Tippett v Australian Postal Corporation

FEDERAL COURT OF AUSTRALIA

COMMONWEALTH EMPLOYEES’ COMPENSATION - administrative law - judicial review - error of law - pain as injury - aggravation of injury - whether pain aggravated by employment

Safety Rehabilitation and Compensation Act 1988 (Cth) ss 4, 14(1)

Canberra Abattoir Pty Ltd v Asioty (unreported, Full Court, Federal Court, 26 April 1988) applied
Commonwealth v Beattie (1981) 35 ALR 369 applied
Commonwealth Banking Corporation v Percival (1988) 20 FCR 176 applied
Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626 discussed

JUSTIN TIPPETT v AUSTRALIAN POSTAL CORPORATION
VG 86 of 1997

FINKELSTEIN J
MELBOURNE
6 APRIL 1998

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VG 86 of 1997

BETWEEN:	JUSTIN TIPPETT Applicant
AND:	AUSTRALIAN POSTAL CORPORATION Respondent
JUDGE:		FINKELSTEIN J
DATE OF ORDER:		6 APRIL 1998
WHERE MADE:		MELBOURNE

THE COURT ORDERS THAT:

1. The appeal is allowed.

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

1. The matter be remitted to the Administrative Appeals Tribunal to be heard and determined according to law with leave to the parties to adduce further evidence.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VG 86 of 1997

BETWEEN:	JUSTIN TIPPETT Applicant
AND:	AUSTRALIAN POSTAL CORPORATION Respondent

JUDGE:	FINKELSTEIN J
DATE:	6 APRIL 1998
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

HIS HONOUR: Mr Tippett (the applicant) is 24 years of age and is a keen and active sportsman.  In the winter he plays football for the Langwarrin Football Club which participates in the Mornington Peninsula Nepean Football League.  In the springtime Mr Tippett plays basketball for the Blackpanthers Basketball Team.

In May 1994 Mr Tippett took up employment with the Australian Postal Corporation (the respondent) at first as a mail sorter and then, from December 1994, as a parcel post officer.  A parcel post officer delivers parcels using a van which is driven by the officer.  Mr Tippett was provided with a Mitsubishi Express van to carry out his duties.  For those who are not familiar with this type of vehicle it is only necessary to note that it has a manual gear box.

During the latter part of 1995 Mr Tippett experienced pain in his left shoulder and went to see his doctor for treatment.  Mr Tippett was told by his doctor that he was suffering from mild rotator cuff impingement of his left shoulder. Neither his doctor nor the physiotherapist he also went to see for further treatment could determine the cause of his injury but each of them expressed the opinion that it may have been aggravated by the repetitive changing of gears that occurred while Mr Tippett was driving his van at work. 
Mr Tippett made a claim for compensation under the Safety Rehabilitation and Compensation Act 1988 (Cth).  By the Compensation Act compensation is payable to an employee of the Commonwealth and to an employee of certain Commonwealth authorities in respect of an…