Federal Court of Australia
JUDGMENT No. 4.867. 28.
CATCHWORDS
ADMINISTRATIVE APPEALS TRIBUNAL - appeal from decision setting aside determination of Commissioner for Employee's Compensation - whether stress at work aggravated the respondent's coronary artery disease - whether Commonwealth v. Beattie correctly decided - the distinction between the pathology and symptoms of a disease ~ the basis on which a decision of the Administrative Appeals Tribunal may be set aside - the function of the Court - whether the respondent
suffered from a compensable incapacity.
Compensation (Commonwealth Government Employees) Act 1971 Tce) = 88.26, 29
Administrative Appeals Tribunal Act 1975 (Cth) - ss.43,44
Commonwealth v. Beattie (1981) 53 F.L.R. 191
Federal Broom Company Pty Limited v. Semlitch (1964) 110 C.L.R. 626 a TT
Canberra Abattoir Py Limited v. Asioty (ACT G18 of 1987, elivere Apr
Waterford v. The Commonwealth (1987) 71 A.L.R. 673 Repatriation Commission v. Moss (1982) 40 A.L.R. 553
COMMONWEALTH BANKING CORPORATION v. RAYMOND WILLIAM PERCIVAL No. NSW G °
Davies, Sheppard and Ryan JJ 14 July 1988 Canberra
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G448 of 1987 ) )
GENERAL DIVISION
ON APPEAL from the General Administrative Division of the Administrative Appeals Tribunal
BETWEEN: COMMONWEALTH BANKING CORPORATION
(Appellant) AND RAYMOND WILLIAM PERCIVAL
(Respondent )
Coram: Davies, Sheppard and Ryan JJ
Date: 14 July 1988
Place: Canberra
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The decision under appeal be set aside and the matter be remitted to the Administrative Appeals Tribunal to be heard and decided again with or without the hearing of further evidence.
3. Leave is granted to apply with respect to costs. NOTE: Settlement and entry of orders is dealt
with in Order 36 of the Federal Court Rules.
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