The Commonwealth of Australia v Pearson, Roger Anthony [1981] FCA 79

CATCHWORDS

Workers Compensation - appeal from Tribunal on question of law - whether the conclusion that the respondent was

injured in the course of his employment was one to which the Tribunal was entitled to come.

Compensation (Commonwealth Government Employees) Act 1971 (Cth.) ss.27(1), 95.

THE COMMONWEALTH OF AUSTRALIA v. ROGER ANTHONY PEARSON

No. G.69 of 1980. Franki J.

19 June 1981 Sydney.

IN THE FEDERAL COURT OF AUSTRALIA)

) NEW SOUTH WALES DISTRICT REGISTRY) No. G.69 of 1980

) GENERAL DIVISION )

BETWEEN: THE COMMONWEALTH OF AUSTRALIA Applicant AND: ROGER ANTHONY PEARSON Respondent. ORDER

JUDGE MAKING ORDER: FRANKI J.

DATE OF ORDER: 19 JUNE 1981

WHERE MADE: SYDNEY.

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The applicant pay the respondent's costs of the application.

IN THE FEDERAL COURT OF AUSTRALIA)

) NEW SOUTH WALES DISTRICT REGISTRY) NO. G.69 OF 1980

) GENERAL DIVISION )

BETWEEN: THE COMMONWEALTH OF AUSTRALIA

Applicant

AND: ROGER ANTHONY PEARSON

Respondent

FRANKI J.

19 June 1981

REASONS FOR JUDGMENT

The respondent, Mr. Roger Anthony Pearson, a petty officer with the Royal Australian Navy, suffered a compound fracture of the lower left leg in an accident when he was skiing at Perisher in New South Wales on 10 July 1978 and sought compensation in respect of that injury from the Commonwealth of

Australia ("the Applicant").

By a determination of 5 April 1979 the Deputy Chief Delegate of the Commissioner for Fmployees' Compensation

determined, pursuant to s.20 of the Compensation (Commonwealth

Government Employees) Act 1971 ("the Act"), that the respondent

was on leave and injured in an activity unconnected with his

employment when the accident took place.

2. Section 20(2)(a) provides that in determining any matter or question under the Act the Commissioner shall be guided by equity, good conscience and the substantial merits of the case