Federal Court of Australia
CATCHWORDS
Compensation - Commonwealth Employee - Appeal from
decision of Administrative Appeals Tribunal - Course of employment - Staff Barbecue Party - Injury during Impromptu Swim - Whether conclusion of Tribunal that
"frolic of his own" open to 1t on the Evidence.
Administrative Appeals Tribunal Act 1975, s.44.
Compensation (Commonwealth Government Employecs) Act 1971 (Cth).
JAMES THOMAS McDERMOTT v THE COMMONWEALTH OF AUSTRALIA
ACT No. G31 of 1981
FOX J.
18 December 1981
RECEIVED 11 JAN 1982
Canberra
IN THE FEDERAI COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. ACT G 31 of 1981 DISTRICT REGISTRY
el
GENERAL DIVISION
JAMES THOMAS McDERMOTT
and
THE COMMONWEALTH OF AUSTRALIA
ORDER
JUDGE MAKING ORDER: Fox J.
DATE OF ORDER: 18 December 1981
WHERE MADE: Canberra
The Court orders that:
1. The application be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. G 31 of 1981 DISTRICT REGISTRY
Te Ne) ee a ee)
GENERAL DIVISION
JAMES THOMAS McDERMOTT
and
THE COMMONWEALTH OF AUSTRALTA
CORAM: Fox J.
18 December 1981
REASONS FOR JUDGMENT
The case has been Fully and well argued on both sides. It is not out of disrespect for counsel or their arguments that I will deliver judgment forthwith.
The application before me 1s by way of an appeal under s.44 of the Administrative Appeals Tribunal Act 1975, and it relates to a finding of the tribunal as to the com- pensation entiticment of the applicant under the Compensation (Commonwealth Government Employees) Act 1971. The applicant, on 20 March 1980, suffered a fracture of the vertebra of his neck when he dived into Lake Burley Griffin. The question 1s whether when he did this he was acting 1n the course of his cmployment.
The tribunal heard the evidence which, as I under- stand, was substantially not in dispute, and made certain findings of fact which I set out as part of this judgment:-
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