Commonwealth of Australia v Lyon [1979] FCA 28

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IN THE FEDERAL COURT OF een )

) . NEW SOUTH WALES DISTRICT REGISTRY ) No. G30 of 1978

) GENERAL DIVISION )

BETWEEN: THE COMMONWEALTH OF

AUSTRALIA Appellant AND: THOMAS HENRY LYON Respondent JUDGE MAKING ORDER: Deane J. DATE OF ORDER: 23 March, 1979 WHERE MADE: Sydney

THE COURT ORDERS THAT:

1. The decision of the Commonwealth Employees' Compensation

Tribunal be affirmed.

2. The Appellant Commonwealth pay the respondent's costs of

this appeal.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES REGISTRY No. GEO of 1978

Ne ee a

GENERAL DIVISION

BETWEEN: THE COMMONWEALTH OF AUSTRALIA

Appellant

AND: THOMAS HENRY LYON

Respondent

CORAM: Deane J.

Friday 23 March, 1979.

REASONS FOR JUDGMENT

The question of law involved in this appeal is a difficult one. I have, however, come to a firm conclusion in relation to it. In view of the time which has elapsed since the respondent sustained the injury to which the appeal relates, I propose to give judgment forthwith. In adopting this course I am conscious that I will do less than justice

to the helpful submissions of counsel for both parties.

The appellant, the Commonwealth of Australia, appeals j a decision of a Commonwealth Employees' Compensation Tribunal (A

J.O. Ballard) under the Compensation (Commonwealth Government

Employees) Act 1971 ("the Act"). By its decision, the Tribunal,

on reconsideration of a determination of a delegate of the Commissioner for Employees' Compensation, determined that certai injuries sustained by the respondent Thomas Henry Lyon were sustained by him in the course of his employment by the Common- wealth and that the respondent was entitled to compensation for total incapacity pursuant to s.45 of the Act for a specified period and to medical expenses pursuant to s.37 of the Act.