Australian Telecommunications Commission v Pepper-Clayton, Henry John [1984] FCA 159

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY No. G150 of 1983

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GENERAL DIVISION

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR. J.0. BALLARD

BETWEEN: AUSTRALIAN TELECOMMUNICATIONS COMMISSION

Applicant AND: HENRY JOHN PEPPER-~CLAYTOW

Respondent

ORDER

JUDGE MAKING ORDER: Neaves J.

DATE OF ORDER: 1 June 1984 WHERE MADE: Canberra THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal given on 18 May 1983 be set aside. 3. The case be remitted to the Administrative Appeals Tribunal to be heard and decided again. 4. The respondent pay the applicant's costs of the

appeal.

IN THE FEDERAL COURT OF AUSTRALIA )

)

NEW SOUTH WALES DISTRICT REGISTRY ) No. G150 of 1983

)

GENERAL DIVISION )

CORAM:

DATE:

ON APPEAL FROM THE GENERAL ADMINSTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR. J.0. BALLARD

BETWEEN: AUSTRALIAN TELECOMMUNICATIONS COMMISSION Applicant AND: HENRY JOHN PEPPER~CLAYTON Respondent Neaves J. 1 June 1984

REASONS FOR JUDGMENT

Pursuant to sub-section 44(1) of the Adminis-

trative Appeals Tribunal Act 1975 Australian Telecommnuni-

cations Commission ("the applicant") has appealed to the

Court, on a question of law, from a decision of the

Administrative Appeals Tribunal given on 18 May 1983.

The Tribunal extended until that date the time for the

lodging of an application to the Tribunal by Henry John

Pepper-Clayton ("the respondent") for a review of a

decision made under the Compensation (Commonwealth

Government Employees) Act 1971 ("the Compensation Act")

on 28 June 1979.

It appears from medical reports, to which I shall refer, made by Dr. C.B. Degotardi and Dr. B. Bloch that the respondent sustained personal injury on three occasions while travelling to or from his employment as a temporary tradesman with the applicant. In January 1974 he fractured his right eighth and ninth ribs. In 1975 he fractured his left ankle and on 1 July 1976 he slipped on wet grass while walking home from work and twisted