Whillock, Regina Beton v Commonwealth of Australia [1986] FCA 427

/ *,

-4

a"

42)

CATCHWORDS WORKERS' COMPENSATION - Commonwealth employees - member of Defence Forces - Death from myocardial infarction - Necessity to

consider if employment a-contributing factor 1n aggravation or acceleration of disease - Right of Appeal from prescribed Court - Error of Law -~ Failure of prescribed Court to address proper

question - Failure to discuss evidence relative to the question.

Compensation (Commonwealth Government Employees) Act 1971, ss. 5, 8, 27, 29, 95

Anisminic v Foreign Compensation Commission £19693 2 AC 147 Sinclair v_ Mining Warden at Maryborough (1975) 132 CLR 473

Commonwealth of Australia .v Whillock (1983) 48 ALR 433

G115 of 1984 REGINA BETON WHILLOCK v THE COMMONWEALTH OF AUSTRALIA

Evatt, Beaumont and Pincus JJ 3 October 1986 Sydney

Pa eGy y RECENmD = 3 OCT 1986

FEDERAL COURT OF AUSTRALIA

PAO RERSIAY

Ii THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G115 of 1984 GENERAL DIVISION )

ON APPEAL FROM THE WORKERS' COMPENSATION COMMISSION OF NEW SOUTH WALES

BETWEEN: REGINA BETON WHILLOCK

Appellant

AND: THE COMMONWEALTH OF AUSTRALIA

Respondent

CORAM Evatt, Beaumont and Pincus JJ

DATED 3 October 1986

PLACE Sydney

MINUTE OF ORDER

THE COURT ORDERS THAT:

1. The appeal be allowed.

ty

That the matter be remitted to the Commissioner for

Employees' Compensation for re-determination.

3. All questions of costs are reserved.

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

UL THE FEDERAL COURT OF AUSTRALIA , NEW SOUTH WALES DISTRICT REGISTRY ! No. G115 of 1984 GENERAL DIVISION '

ON APPEAL FROM THE WORKERS' COMPENSATION COMMISSION OF NEW SOUTH WALES

BETWEEN: REGINA BETON WHILLOCK

Appellant

AND: THE COMMONWEALTH OF AUSTRALIA

Respondent

CORAM Evatt, Beaumont and Pincus JJ

DATED 3 October 1986

REASONS FOR JUDGMENT

EVATT J: The appellant, Regina Beton Whillock, is the widow of Robert John Whillock (the deceased) formerly a Chief Petty Officer, Medical, Royal Australian Navy who died on 8 May 1977 as a result of a "heart attack" suffered in circumstances referred to later herein. The deceased was born on 4 October 1929 so that at the date of his death he was aged 47. The appellant was born on 23 May 1926 and at all relevant times was partially dependent on the earnings of the deceased. A son of the deceased, born on