Farah, J. v. Australian Postal Corporation [1994] FCA 725

JUDGMENT No. sseucd Soul ood tree

CATCHWORODS

ADMINISTRATIVE LAW - denial of natural justice

of workers compensation payments -

termination

whether person

incapacitated - decisions of Administrative Appeals Tribunal based on own observations of person - failure to inform party

of observations

Government Insurance Office of New South Wales v Bailey (1992)

27 NSWLR 304 Marelic v Comcare (1993) 18 AAR 392

Australian Postal Commission v Idriss (1992) 26 ALD 257 Australian and Overseas Telecommunications Corporation Ltd v

McAuslan, (1993) 47 FCR 492

No. NG 788 of 1993

JOSEPH FARAH v AUSTRALIAN POSTAL CORPORATION

MOORE J

SYDNEY

11 OCTOBER 1994

RECEIVED 11 OCT 1994

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRAR

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 788 of 1993 ) )

GENERAL DIVISION

BETWEEN: JOBEPH FARAH Applicant AND: AUSTRALIAN POSTAL CORPORATION Respondent JUDGE: Moore J PLACE: Sydney DATE: 11 October 1994

ORDER OF THE COURT

THE COURT ORDERS THAT:

1. The proceedings stand over to a date to be advised for the bringing in of short minutes to give effect to the Reasons for Judgment delivered today.

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

IN Tf FED: COURT OF AJ: LIA NEW SOUTH WALES DISTRICT REGISTRY No. NG 788 of 1993

GENERAL DIVISION

Sd

BETWEEN: JOSEPH FARAH Applicant AND: AUSTRALIAN POSTAL CORPORATION Respondent JUDGE: Moore J PLACE: Sydney DATE: 11 October 1994

REASONS FOR JUDGMENT

This is an application by way of appeal, so styled, under s44 of the Administrative Appeals Tribunal Act 1975 against a decision of the Administrative Appeals Tribunal ("the Tribunal") of 15 September 1993. The decision affirmed a determination by a delegate of the Australian Postal Corporation ("the respondent") that had terminated payments to Mr Joseph Farah ("the applicant"), a former employee of the respondent. The applicant had injured his back at work in early 1987 for which he received worker's compensation payments until 1991 when the decision was made to terminate then. The payments were made by reference to the provisions of the Compensation (Commonwealth Government Employees) Act