Linfox Australia Pty Ltd v O'Loughlin [2018] FCAFC 173

FEDERAL COURT OF AUSTRALIA

Linfox Australia Pty Ltd v O'Loughlin [2018] FCAFC 173 Appeal from: O'Loughlin v Linfox Australia Pty Ltd [2017] FCA 1394

File number: VID 1368 of 2017

Judges: KENNY, MOSHINSKY AND BROMWICH JJ

Date of judgment: 12 October 2018

Catchwords: WORKERS' COMPENSATION – whether employee was entitled to compensation under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether injury to be regarded as "arising out of, or in the course of … employment" for the purposes of s 5A(1)(b) – proper construction of s 6(1)(b) and 6(3)

Legislation: Commonwealth Employees' Rehabilitation and Compensation Act 1988 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(10A), 5A(1)(b), 6(1), 6(1A), 6(1B), 6(1C), 6(2), 6(3), 14

Cases cited: Canute v Comcare [2006] HCA 47; 226 CLR 535 Kavanagh v The Commonwealth (1960) 103 CLR 547

Date of hearing: 27 August 2018

Registry: Victoria

Division: General Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 36

Counsel for the Appellant: Mr B Walker SC with Ms R Sharp

Solicitor for the Appellant: Moray & Agnew Lawyers

Counsel for the Respondent: Mr A Moulds QC with Ms K Bradey

Solicitor for the Respondent: Maurice Blackburn

ORDERS VID 1368 of 2017

BETWEEN: LINFOX AUSTRALIA PTY LTD Appellant

AND: KYM O'LOUGHLIN Respondent

JUDGES: KENNY, MOSHINSKY AND BROMWICH JJ DATE OF ORDER: 12 OCTOBER 2018

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal, to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.