Maunder, Diane v Commonwealth of Australia [1983] FCA 335

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CATCHWORDS

Workers" Compensation - appeal from Administrative Appeals Tribunal - question of law - whether employee injured on a journey from his employment or from his place of employment whether conclusion that employee's attendance at a mess party to a certain hour was incidental to employment was. only conclusion open to Tribunal - whether finding that kind of transport used by the employee was not open to the Tribunal

Compensation (Commonwealth Government Employees) Act 1971, ss. 7(2), 27(1), 32, 33

Administrative Appeals Tribunal Act 1975, s.44

DIANE MAUNDER v. THE COMMONWEALTH OF AUSTRALIA

No. N.S.W. G 266 of 1982

CORAM: Sheppard, Morling and Neaves JJ. 18 November 1983 Sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G266 of 1952

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GENERAL DIVISION

BETWEEN: DIANE MAUNDER ) Appellant ' AND: THE COMMONWEALTH OF AUSTRALIA Respondent

ORDERS

JUDGES MAKING ORDERS Sheppard, Morling and Neaves JJ.

DATE OF ORDERS

18 November 1983

WHERE MADE : Sydney

an

THE COURT ORDERS THAT:

1. The appeal, be dismissed.

2. The appellant pay the respondent's costs of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G266 of 1982

GENERAL DIVISION

BETWEEN: DIANE MAUNDER

Appellant

AND: THE COMMONWEALTH OF AUSTRALIA

Respondent

CORAM: Sheppard, Morling and Neaves JJ.

18 November 1983

REASONS FOR JUDGMENT

THE COURT: This is an appeal from a decision of the

Administrative Appeals Tribunal under s.44 of the

Administrative Appeals Tribunal Act 1975 which provides for an

appeal to this court' on a question of law.

The appellant is the widow of the late Captain Owen Maunder who sustained personal injuries on 23 August 1980 which resulted in his death on 30 August 1980. Arising out of the death of her husband the appellant made a claim for

compensation pursuant to the provisions of the Compensation