Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
On appeal from the Commonwealth Employees' Compensation Tribunal
BETWEEN: BARBARA ELIZABETH CLARKE as Executrix of the Estate of ROBIN JAMES HUNTLEY CLARKE (deceased) and AUSTRALIAN BROADCASTING COMMISSION
ORDER
Judge making Order: KEELY J.
Date of Order: 28 October 1980
Where made: Melbourne
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The decision of the Compensation Tribunal be
affirmed. 3. The applicant pay to the respondent its costs
of this appeal.
VG No. 40 of 1979
Applicant
Respondent
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. 40 of 1979 ) )
GENERAL DIVISION
On appeal from the Commonwealth Employees' Compensation Tribunal
BETWEEN: BARBARA ELIZABETH CLARKE as Executrix of the Estate of ROBIN JAMES HUNTLEY CLARKE (deceased)
Applicant and AUSTRALIAN BROADCASTING COMMISSION . Respondent
REASONS FOR JUDGMENT
28 October 1980 KEELY J.
This is an appeal against the decision of the
" Compensation Tribunal given
Commonwealth Employees 13 September 1979, which affirmed a determination, dated
4 January 1979, made by the deputy chief delegate of the Commissioner for Employees' Compensation (the Commissioner). The appeal is brought by Barbara Elizabeth Clarke (the
applicant) as executrix of the estate of the late Robin
James Huntley Clarke (the deceased). The Commissioner had
determined that the myocardial infarction suffered by the
then applicant (the deceased) "was due to the natural
progression of a pre-existing or underlying condition and
that accordingly the Australian Broadcasting Commission (the
A.B.C.) was not liable to pay the claimant compensation".
The grounds of appeal set out in the notice of appeal were
as follows:
Mr Nathan of counsel on behalf of the applicant conceded
"The decision and order were wrong in law."
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