Concetta Ilardo v Australian Telecommunications Commission [1983] FCA 305

IN THE FEDEPAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISICN

No. G. 239 of 1983

BETWEEN:

CONCETTA ITLARDO

Appellant AND:

AUSTRALIAN TELECOMMUNICATIONS

COMMISSION Respondent ORDERS JUDGE MAKING ORDERS: ST, JOHN, J. DATE OF ORDERS: TUESDAY 25 OCTOBER, 1983 WHERE MADE: ' AT SYDNEY

THE COURT ORDERS THAT:

(1) The Notice of Appeal 1s struck out,

(2) The appellant is to pay the respondent's

costs,

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VPA tine cnet

PORE ale fy

ERR ART EE GP I ee Be!

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALZS DISTRICT REGISTRY

CLNERAL DIVISTOM

No. G. 239 of 1983

BETWEEN: CONCETTA ILARDO

Appellant AND:

AUSTRALIAN TELECOMMUNICATIONS

COMMISSTON

Respondent

REASONS FOR JUDGMENT

(EXTEMPORE)

TUESDAY 25 OCTOBER, 1983

AT SYDNEY

This is an application to strike out a notice of appeal, the grounds of which have been recently amended, the appeal being from the decision of the Administrative Appeals Tribunal to deny the appellant,

Concetta Ilardo, workers compensation pursuant to the

relevant act,

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rere UTHER MIR STI Ate ee tem tee me

ENT Lee pee yr

mnie

In the amended notice of appeal, the question

of law raised 1s stated thus:-

"That the Tribunal erred in law in Finding that any incapacity suffered by the Applicant as a resuit of her injury had ceased as of 26 August, 1983 in that it misapprehended and failed to take into account relevant considerations or alternatively gave weight to irrelevant considerations,"

Counsel for the appellant has put to me that the considerations which the Tribunal failed to take unto account were the evidence of Dr. Gatenby, a psychiatrist, whose report on the appellant was before the Tribunal. In the judgment of the Tribunal reference is made to Dr. Gatenby's report, and they discount its weight for two express reasons at page 10 of the judgment in paragraph 25 where they say:-