Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lim v Comcare [2019] FCAFC 104 Appeal from: Re Lim and Comcare (Compensation) [2018] AATA 4354
File number: NSD 2257 of 2018
Judges: MCKERRACHER, MARKOVIC AND SNADEN JJ
Date of judgment: 25 June 2019
Catchwords: ADMINISTRATIVE LAW – claim for compensation for psychological condition – performance appraisal – whether condition was suffered a result of reasonable administrative action taken in a reasonable manner – whether condition would have arisen absent performance appraisal – Administrative Appeals Tribunal – scope of matter remitted for redetermination – whether tribunal provided adequate reasons for decision – whether reasons disclosed errors of law – appeal dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 34A Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5, 5A, 5B, 7, 14, 64, 68
Cases cited: Ascic v Comcare [2019] FCA 819 Athens v Randwick City Council (2005) 64 NSWLR 58 Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441 Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2016] FCA 1129 Comcare v Martin (2016) 258 CLR 467 Commonwealth Bank of Australia v Reeve (2012) 199 FCR 463 Dornan v Riordan (1990) 24 FCR 564 Drenth v Comcare (2012) 128 ALD 1 Hamersley Iron Pty Ltd v National Competition Council (2008) 247 ALR 385 Hart v Comcare (2005) 145 FCR 29 Kaluza v Repatriation Commission (2011) 122 ALD 448 Lim v Comcare (2017) 250 FCR 298 Lim v Comcare (2016) 69 AAR 420 Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518 Morales v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 374 Northern NSW FM Pty Limited v Australian Broadcasting Tribunal and Another (1990) 26 FCR 39 Peacock v Repatriation Commission (2007) 161 FCR 256 Re Lim and Comcare (Compensation) [2018] AATA 4354 Re Lim and Comcare [2015] AATA 189 Repatriation Commission v Nation (1995) 57 FCR 25 Smith v Comcare (2014) 64 AAR 205 Total Marine Services Pty Ltd v Kiely (1998) 51 ALD 635 Yates Property Corporation Pty Ltd v Boland (1998) 89 FCR 78
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