The Commonwealth of Australia v. Sciacca, A. [1988] FCA 131

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CATCHWORDS

Administrative Law - application by respondent to Administrative Appeals Tribunal for compensation for injury suffered by the respondent in the course of her employment with the Commonwealth - unsuccessful action brought by the respondent in Supreme Court of the Australian Capital Territory for damages for personal injury suffered in same incident ~— finding by Supreme Court that Commonwealth not 1n breach of duty of care - further findings made on questions relevant to the issue of damage - whether findings made in relation to issue of damage created issue estoppel binding the parties in the proceedings before the Tribunal - question whether Tribunal bound' by issue estoppel established in judicial proceedings discussed but not decided.

Administrative Appeals Tribunal Act 1975, s.33.

THE COMMONWEALTH OF AUSTRALIA V ANNUNZIATA SCIACCA

A.C.T.G 51 of 1987

BOWEN C.J., SHEPPARD AND MORLING JJ. Sydney 31 March 1988

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SQUTH WALES DISTRICT REGISTRY ) No. A.C.T. G51 of 1987 ) )

GENERAL DIVISION

Questions of law referred by the Administrative Appeals Tribunal

BETWEEN: THE COMMONWEALTH OF AUSTRALIA Applicant AND: ANNUNZIATA SCIACCA Respondent

MINUTE OF ORDER

JUDGES MAKING ORDER : Bowen C.J., Sheppard and Morling JJ.

DATE OF ORDER 31 March 1988

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WHERE MADE

Sydney

THE COURT ORDERS THAT:

1. The questions of law referred by the Administrative Appeals Tribunal in the special case: "Whether the respondent in the proceedings in the Administrative Appeals Tribunal on a review of a decision relating to a claim under the Compensation (Commonwealth Government Employees) Act i971 is precluded by the rule relating to issue estoppel from contending the contrary of the following findings made

by the Supreme Court of the Australian Capital