Thomas, Marjorie Edith v The Commonwealth of Australia [1984] FCA 229

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EX TEMPORE JUDGMENT

s i 209 FURTHER DISTRIBUTION UNNECESSARY IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VG 62 of 1982 ) GENERAL DIVISION )

BETWEEN:

MARJORIE EDITH THOMAS

Appellant

AND:

THE COMMONWEALTI OF AUSTRALIA

Respondent

31 JULY, 1984 KEELY J.

REASONS FOR JUDGMENT

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HIS HONOUR: On 28 April 1982 the Administrative Appeals

Tribunal made a decision:

(a) To set aside the determination of 3 June 19381; and the same is so set aside;

(b) to remit the matter to the commissioner with the directions that:

(2) the applicant remains partially incapacited by injuries received in the course of her employment;

{21) the applicant 1s able to do the work of a dressmaker in accordance with the appropriate award 1n the State of Victoria;

and the same 1s so remitted with those directions;

(c) to order the respondent to pay the applicant's costs in these proceedings an accordance with the appropriate scale in the County Court of Victoria; in the absence of agreement costs to be taxed by the Registrar or Deputy Registrar; and the same 1s so ordered.

The appeal is "from that part of the decision ... which determines that the applicant has a capacity for

employment." The notice of appeal is dated 14 May 1982.

It 1S not known why two years elapsed before the appellant's solicitors sought a hearing, but it should be said for the record-that the delay in having the

matter listed for hearing 1s not the fault of the registry or of the court.

There is nothing to be gained by the court delaying its decision on the appeal, and there is much to be said for the appellant knowing the result of the appeal without further delay so that she can consider what other steps are open to her. The appeal can be determined without the need for elaborate reasons. .