Federal Court of Australia
[oO -
Workmen's compensation - Discontinuance of weekly payments -— Application to Tribunal - Disputed claim - Liability to make interim payments of compensation - Evidence of acceptance of liability. Statutory interpretation - Relevance of legislative history - Penal provision ~ Creation of civil raght - Meaning of "due under this Ordinance" ~ Workmen's
Compensation Ordinance (N.T.).
The Western Australian Coastal Shipping Commission and
Stevedoring Employers of Australia Limited v- Alphonse Wallner.
No. 3 of 1979.
Coram : Brennan,Gailop and Lockhart JJ.
Date : 4 October 1979.
Canberra,
IN THE TEDSRAL COURT
NORTHERN TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
OF AUSTRALTA
No. 3 of 1979
ee
ON APPEAL FROM THE SUPREME COURT OF
THE NORTHERN TERRITORY OF AUSTRALIA
THE WESTERN AUSTRALIAN COASTAL SHIPPING COMMISSION AND STEVEDORING EMPLOYERS OF AUSTRALIA LIMITED
Appellants (Plaintiffs)
BETWEEN
ALPHONSE WALLNER
Respondent (Defendant)
AND
ORDER
JUDGES MAKING ORDER
DATE OF ORDER
WHERE MADE
Brennan, Gallop and Lockhart JJ.
4 October 1979.
Canberra.
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellants pay the respondent's costs of
the appeal.
~~
IN THE FRDEVAL COURT OF AUSTRALIA
) ) NORTHERN TERRITORY DISTRICT REGISTRY) Wo. 3 of 1979 ) GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
BE'TWEEN THE WESTERN AUSTRALIAN COASTAL SHIPPING COMMISSION AND STEVEDORING EMPLOYERS
OF AUSTRALIA LIMITED
Appellants (Plaintiffs)
ALPHONSE WALLNER
Respondent (Defendant)
AND
CORAM : Brennan, Gallop and Lockhart JJ.
4 October 1979
REASONS FOR JUDGMENT
BRENNAN J:
The appellants (whom I shall call the employers) were the respondent parties to a claim made by the respondent (whom I shall call the workman) for compensation
under the Workmen's Compensation Ordinance(N.T.). The claim
was commenced on 11 October 1978 by filing an application with the Registrar of the Workmen's Compensation Tribunal
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