Federal Court of Australia
en
~——)
295 CATCHWORDS
Administrative Law - Appeal from Administrative Appeals Tribunal
- Compensation (Commonwealth Government Employees) Act 1971 -
Death of employee - Cause certified as carcinoma of the lung - Certain events occurring three months before death - Whether
those events caused aggravated or accelerated death - Tribunal's
approach to resolution of factual and medical issues - Whether
dicta in Adelaide Stevedoring Co. Ltd. v. Forst (1940) 64 C.L.R.
538 were a statement of legal principle - No error of law.
KATHLEEN MARY MORGAN v. COMMONWEALTH OF AUSTRALIA
NO. VG 198 OF 1984
CORAM: Keely, McGregor and Fisher Jd.
Melbourne
22 November 1984
IN THE FEDERAL COURT OF AUSTRALTA
VICTORIAN DISTRICT REGISTRY No. VG 198 of 1984
ee ee ee
GENERAL DIVISION __ BETWEEN
KATHLEEN MARY MORGAN
Applicant
COMMONWEALTH OF AUSTRALIA
Respondent
JUDGES MAKING ORDER
Keely, McGregor and Fisher Jd.
DATE OF ORDER 22 November 1984
WHERE, MADE Melbourne
ORDER
THE COURT ORDERS THAT:
1. The appeal is dismissed
2. The applicant is to pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIAN DISTRICT REGISTRY ) No. VG 198 of 1984 ) )
GENERAL DIVISION ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN KATHLEEN MARY MORGAN
Applicant
COMMONWEALTH OF AUSTRALIA Respondent CORAM: Keely, McGregor and Fisher dd.
Date: 22 November 1984
REASONS FOR JUDGMENT
KATHLEEN MARY MORGAN (applicant) widow of JOHN FREDERICK
MORGAN (the deceased) who died on 23 July 1981 at the age of 47 has appealed against the decision given by the Administrative Appeals Tribunal (the Tribunal) in an application for review of a decision of the Delegate of the Commissioner for Employees'
Compensation expressed as follows -
"The Department of Housing and Construction
therefore is not liable to pay compensation under the Compensation {Commonwealth Government
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