ASP Ship Management Pty Ltd v Wood [2007] FCAFC 142

FEDERAL COURT OF AUSTRALIA

ASP Ship Management Pty Ltd v Wood [2007] FCAFC 142

ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal – calculation of worker's compensation payments – Tribunal applied improper construction of s 13(6) of the Seafarers Rehabilitation and Compensation Act 1992 (Cth) – determination of class precedes determination of percentage increase or decrease of normal weekly earnings – remuneration wrongly assigned paramountcy when determining class.

Administrative Appeals Tribunal Act 1976 (Cth) s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 8(9) Seafarers Rehabilitation & Compensation Act 1992 (Cth) ss 4(4), 13

Wood v ASP Ship Management Pty Ltd [2007] FCA 459 affirmed Wood v ASP Ship Management Pty Ltd [2006] AATA 577 set aside Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd(1993) 43 FCR 280 considered Comcare v Thompson (2000) 175 ALR 163 cited Lawson and Stateships [2003] AATA 389 considered Re O'Shea and Comcare (1998) 27 AAR 394 considered Re Thompson v Comcare (2002) 69 ALD 762 considered ASP SHIP MANAGEMENT PTY LTD v STEVEN SIDNEY WOOD NSD 668 OF 2007

FRENCH, TAMBERLIN, RARES JJ

25 SEPTEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 668 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ASP SHIP MANAGEMENT PTY LTD

Appellant

AND: STEVEN SIDNEY WOOD

Respondent

JUDGES: FRENCH, TAMBERLIN, RARES JJ DATE OF ORDER: 25 SEPTEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant 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