Commonwealth of Australia v Bullivant, M.K. [1988] FCA 167

JUDGMENT No. Io 1/ 8S,

CATCHWORDS WORKERS' COMPENSATION - Commonwealth employees ~ Disease - Vasomotor rhinitis - Whether employment a contributing factor to the contraction or aggravation of the disease - No pathological change in employee's basic underlying constitutional condition - Whether aggravation temporary and

recurrent - Review by Administrative Appeals Tribunal - Whether Tribunal bound to consider whether the material before it other than expert medical evidence enabled it to reach a conclusion

Tavourable to employee - Whether evidence to support the Tribunal's conclusion.

Administrative Apnenls Tribunal Act 197£ .Cth}, c.44(1)

Compensation (Commonwealth Government Employees) Act 1971 (Cth), ss.27, 29

THE COMMONWEALTH OF AUSTRALIA v. MARJORIE KIMBALL BULLLVANT

No. ACT G 10 of 1987

Neaves J.

12 April 1988

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. ACT G 10 of 1987 DISTRICT REGISTRY

GENERAL DIVISION

ON_APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: THE COMMONWEALTH OF AUSTRALIA Applicant AND: MARJORIE KIMBALL BULLIVANT Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER : Neaves J. DATE OF ORDER : 12 April 1988 WHERE MADE : Canberra

THE COURT ORDERS THAT:

i. The appeal and cross appeal be dismissed.

2. There be no order as to costs.

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

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY GENERAL DIVISION

No. ACT G 10 of 1987

wwe we wvw

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN : THE COMMONWEALTH OF AUSTRALIA Applicant AND: MARJORIE KIMBALL BULLIVANT Respondent CORAM: Neaves J. DATE: 12 April 1988 REASONS FOR JUDGMENT In this matter the Administrative Appeals Tribunal ("the Tribunal") reviewed two determinations under the