Collis, G.E. v. Australian Telecommunications Commission [1980] FCA 78

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IN THE FEDERAL COURT OF AUSTRALIA

) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. W.A.G.10 of 1979 ) GENERAL DIVISION )

IN THE MATTER of a reference to the Commonwealth Employees' Compensatior Tribunal by GORDON ERROL COLLIS

AND IN THE MATTER of an application by the AUSTRALIAN TELECOMMUNICATIONS

COMMISSTON ("TELECOM") for reference of questions of law arising in the proceedings before the Tribunal to the Federal Court (s.94A of the Compensation (Commonwealth Governmer Employees) Act 1971)

CORAM - Toohey J.

30 May 1980 REASONS FOR JUDGMENT

Counsel addressed in this matter on 20 May. In the course of the hearing mention was made of a decision to be delivered in the Federal Court by Northrop J. on the following day, expected to have some bearing on issues arising in this reference.

Accordingly, after hearing submissions, I adjourned the hearing until the following afternoon by which time it was hoped that Northrop J.'s reasons would be available. They were and in one respect, at least, they proved directly relevant. I gave counsel leave to supplement their oral arguments with written submissions if they wished. They did so and I now deliver my reasons.

This is a reference by a Compensation Tribunal

under s.94A of the Compensation (Commonwealth Government Employees) Act 1971 ("the Compensation Act"). That section

2.

empowers a tribunal, of its own motion or at the request of a party, to refer to the Federal Court for decision a question of law arising in a proceeding before the tribunal.

The reference recites events leading to a determination by a delegate of the Commissioner for Employees' Compensation on 29 November 1976. As a result of an accident giving rise to a liability in the Commonwealth to pay him compensation under s.27 of the Compensation Act, Mr. Collis was awarded damages for personal injuries of $5,324.90 against a negligent third party in the District Court of Western Australia. The judgment was made up of $4,250 general damages and $1,074.90 special damages.