Canberra College of Advanced Education v Culpin, A.E. [1986] FCA 20

Die

CATCHWORDS Administrative Appeals Tribunal Act - Appeal from Tribunal

affirmation of determination of delegate of Commissioner for Employees Compensation - Aggravation of disease of hypertension - Definition of injury in s.5 of Compensation (Commonwealth Government Employees) Act 1971 - Meaning and application of s.8.

Administrative Appeals Tribunal Act 1975, s,44 Compensation (Commonwealth Government Employees) Act i971, ss.5,8,27,29.

Commonwealth of Australia v. Whillock (1983) 48 ALR 433 Reitano v. The Commonwealth, unreported, Full Court, Evatt, Northrop and Burchett dJ., 13/12/85.

CANBERRA COLLEGE OF ADVANCED EDUCATION -V- ALBERT EDWARD CULPIN

ACT G.11 of 1985

Burchett J. ~ Sydney 10 February 1986

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IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY No. 11 of 1985

GENERAL DIVISION

BETWEEN :

CANBERRA COLLEGE OF ADVANCED EDUCATION

Applicant

ALBERT EDWARD CULPIN

Respondent MINUTE OF ORDERS Judge Making Order: Burchett J. Date of Order: 10 February 1986 Where Made: Sydney - THE COUET OPDERS THAT: (1) The appeal is allowed and the decision of the Administrative Appeals Tribunal affirming the

determinations of the delegate of the Commissioner for Employees Compensation of 9 March 1983, 5 April 1983 and

6 April 1983 is set aside.

(2) The matter be remitted to the Administrative Appeals Tribunal for decision of the respondent's claim based on 5.29 of the Compensation (Commonwealth Government

Employees) Act 1971.

(3) The applicant Canberra College of Advanced Education pay the respondent's costs.

NOTE: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules.

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