Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Holt v Comcare [2003] FCAFC 221 COMMONWEALTH EMPLOYEES' COMPENSATION – stress-related asthma– aggravation by working conditions – employee ceased work – subsequent termination of compensation payments – whether effects of work-related injury persisted – whether Administrative Appeals Tribunal asked itself wrong question – whether appellant put case as one of aggravation of underlying condition or enhanced susceptibility – relevance of absence of major asthma attack for 15 years and absence of consultation with treating specialist for 13 years
Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 16, 19 Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Superannuation Act 1922 (Cth) Asioty v Canberra Abattoir Pty Ltd (1989) 167 CLR 533 considered Craig v South Australia (1995) 184 CLR 163 referred to VIVIENNE HOLT v COMCARE S 289 of 2002 GRAY, COOPER AND SELWAY JJ 3 OCTOBER 2003 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 289 of 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: VIVIENNE HOLT
APPELLANT
AND: COMCARE
RESPONDENT
JUDGES: GRAY, COOPER AND SELWAY JJ
DATE OF ORDER: 3 OCTOBER 2003
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent'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
SOUTH AUSTRALIA DISTRICT REGISTRY S 289 of 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: VIVIENNE HOLT
APPELLANT
AND: COMCARE
RESPONDENT
JUDGES: GRAY, COOPER AND SELWAY JJ
DATE: 3 OCTOBER 2003
PLACE: ADELAIDE
REASONS FOR JUDGMENT THE COURT:
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