Commonwealth Banking Corporation v O'Neill, T.M. [1988] FCA 372

JUDGMENT No. 3727.28.

CATCHWORDS

ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal - Commonwealth employee's compensation ~ determination by Administrative Appeals Tribunal that employment not a contributing factor to the contraction or aggravation or acceleration of disease - statutory test to be applied - error of

law.

WORKERS' COMPENSATION - Commonwealth employees - Cardiac neurosis

~ whether employment a contributing factor to aggravation or

acceleration of disease - proper test to be applied.

Compensation (Commonwealth Government Employees) Act 1971 ss.27(1), 29(1) Administrative Appeals Tribunal Act 1975 s.44

COMMONWEALTH BANKING CORPORATION V. TERRENCE MICHAEL O'NEILL QLD. NO.G126 OF 1987

FISHER, SPENDER AND EINFELD Ju. BRISBANE I5 JULY 1988.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QLD. G126 of 1987

GENERAL DIVISION

BETWEEN:

COMMONWEALTH BANKING CORPORATION

Appellant AND: TERRENCE MICHAEL O'NEILL Respondent MINUTE OF ORDER JUDGE MAKING ORDER: FISHER, SPENDER & EINFELD JJ. DATE OF ORDER: 15 JuLY 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

The appeal be dismissed with costs.

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

LS ed)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY No. G126 of 1987

GENERAL DIVISION

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

COMMONWEALTH BANKING CORPORATION

Appellant - and ~

TERRENCE MICHAEL O'NEILL

Respondent

REASONS FOR JUDGMENT

CORAM: Fisher, Spender & Einfeld JJ.

SS, daly 1988

FISHER J.: It is very apparent that the difficulties in this matter arise from the use which the Tribunal in its reasons made of what has been called the "latching on" metaphor or test. Such difficulties would not have occurred if the Tribunal had clearly acknowledged that this was not the test required by the legislature but was merely a shorthand and imprecise means of