Cooper v Comcare [2002] FCAFC 347

FEDERAL COURT OF AUSTRALIA

Cooper v Comcare [2002] FCAFC 347 WORKERS COMPENSATION – Commonwealth employee – back injury – claimed entitlement to lump sum – back injury and impairment before 1988 Act – no entitlement under 1971 Act – decision of Administrative Appeals Tribunal – application to extend time for review of AAT decision – application dismissed - application for leave to appeal and to extend time against dismissal by primary judge – relevant factors – appeal without merit – application dismissed. Safety, Rehabilitation and Compensation Act 1988 (Cth) s 24, s 27 Administrative Appeals Tribunal Act 1975 (Cth) s 44

Vranic v Commissioner of Taxation [2002] FCA 146 cited Deighton v Telstra Corporation Ltd, unreported, Full Court of the Federal Court, 17 October 1997 cited Barrett v Minister for Immigration, Local Government and Ethnic Affairs (1989) 18 ALD 129 cited Weatherall v Satellite Receiving Systems (Aust) Pty Ltd (1999) 92 FCR 101 cited Dai v Telstra Corporation Ltd (2000) 171 ALR 348 cited Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Comcare v Levett (1995) 60 FCR 14 cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited JAMES COOPER v COMCARE W196 OF 2002 FRENCH, CARR AND FINN JJ 13 NOVEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W196 OF 2002

BETWEEN: JAMES COOPER

APPLICANT

AND: COMCARE

RESPONDENT

JUDGE: FRENCH, CARR & FINN JJ

DATE OF ORDER: 13 NOVEMBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for leave to appeal is dismissed. 2. The applicant is to pay the respondent's costs of the application including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.