Westgate, C.W. v Australian Telecommunications Commission [1987] FCA 759

JUDGMENT No. / $17.8...

CATCHWORDS

APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL - Compensation - whether applicant's employment contributed to the aggravation or acceleration of his endogenous depression - no need to establish the existence of a special factor in the

employment - difference between Commonwealth Employees'

Compensation Act 1930, s.10 and Compensation (Commonwealth

Government Employees) Act 1971, ss.27 and 29.

compensation (Commonwealth Government Employees) Act 1971 ct 88.5, ' .

Commonwealth Employees' Compensation Act 1930 (Cth) s.10 Administrative Appeals Tribunal Act (Cth) s.44

CLIFFORD WILLIAM WESTGATE v. AUSTRALIAN TELECOMMUNICATIONS COMMISSION NSW G257 of 1987

Davies J. 23 December 1987 Sydney

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IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G257 of 1987 ) GENERAL DIVISION )

On appeal from the General Division of the Administrative Appeals Tribunal

BETWEEN: CLIFFORD WILLIAM WESTGATE

Applicant

AND: AUSTRALIAN

TELECOMMUNICATIONS COMMISSION Respondent CORAM: Davies J. DATE: 23 December 1987 PLACE: Sydney

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The decision of the Administrative Appeals Tribunal be set aside.

3. The matter be remitted to the Administrative Appeals Tribunal for rehearing according to law either with or without the hearing of further evidence.

4. The respondent pay the costs of the applicant.

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

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G257 of 1987 ) )

GENERAL DIVISION

On appeal from the General Division of the Administrative Appeals Tribunal

BETWEEN: CLIFFORD WILLIAM WESTGATE

Applicant

AND: AUSTRALIAN