Federal Court of Australia
* CATCHWORDS
Workmen's Compensation - nature of appeal to Supreme
Court of Northern Territory from Workmen's Compensation Tribunal - meaning of "such appeal may be by way of rehearing" — onus of proof - whether transcript and exhibits before Tribunal should be evidence in appeal
when objection by party
Workmen's Compensation Act (N.T.) s.26
HANS" TRAUT v. FAUSTMANN BROS." PTY. LTD.
No. NTG 10 of 1983
CORAM: TOOHEY, LOCKHART AND JENKINSON JJ. 8 JULY 1983
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA )
)
NORTHERN TERRITORY DISTRICT REGISTRY) No. NTG 10 of 1983
)
GENERAL' DIVISION )
" ON APPEAL FROM: THE' SUPREME COURT ' OF THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN: © HANS" TRAUT Appellant
"AND: © FAUSTMANN BROS. PTY. LIMITED
Respondent
"ORDER
" JUDGES" MAKING" ORDER: Toohey, Lockhart and Jenkinson DATE' OF ORDER: 8 July 1983 WHERE" MADE: Sydney
THE COURT ORDERS" THAT:
1. 2.
w
Both appeals be allowed.
Paragraph 1 of the order made 14 April 1983 and the whole of the order made 18 April 1983 be set aside.
The respondent pay two thirds of the appellant's
costs of the appeals,
Jd.
IN THE FEDERAL COURT ) OF AUSTRALIA ) NORTHERN TERRITORY ) No. NTG 10 of 1983 DISTRICT REGISTRY ) GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA BETWEEN: HANS TRAUT
Appellant and
FAUSTMANN BROS. PTY. LTD.
Respondent
CORAM: Toohey, Lockhart and Jenkinson JJ.
8 July 1983
REASONS FOR JUDGMENT - TOOHEY J.
This appeal raises questions of importance concerning the nature of an appeal to the Supreme Court of the Northern Territory from a determination of the Workmen's Compensation Tribunal, a body constituted by the Workmen's Compensation Act ("the Act"). It also requires consideration of the procedures to be followed on the hearing of such an appeal.
Since the parties have occupied different roles at different stages, it 1s more convenient to refer to them
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