Woodbridge, G.J. v Comcare [1995] FCA 98

CATCHWORDS ADMINISTRATIVE LAW - Commonwealth employees' compensation - construction of para 19(4)(g) of the Safety, Rehabilitation and Compensation Act 1988 (Cth). COSTS - whether appellate court should interfere with order in respect of costs. Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 19, 68, 69; sub-s 19(4) GRANT JAMES WOODBRIDGE V. COMCARE NO. NG 577 OF 1994 WILCOX, EINFELD, LEE JJ. SYDNEY 23 FEBRUARY 1995

IN THE FEDERAL COURT) OF AUSTRALIA ) NEW SOUTH WALES ) DISTRICT REGISTRY ) GENERAL DIVISION ) NO. NG 577 OF 1994 ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA B E T W E E N: GRANT JAMES WOODBRIDGE Appellant and COMCARE Respondent MINUTE OF ORDER THE COURT: WILCOX, EINFELD, LEE JJ. DATE OF ORDER: 23 FEBRUARY 1995 WHERE MADE: SYDNEY THE COURT ORDERS THAT:

1. The appeal be allowed to the extent that the orders made by his Honour are to be varied by replacing item 3 thereof with an order that Comcare pay half of the appellant's costs but otherwise the appeal be dismissed. 2. Comcare pay half the appellant's costs of the appeal. 3. The cross-appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT) OF AUSTRALIA ) NEW SOUTH WALES ) DISTRICT REGISTRY ) GENERAL DIVISION ) NO. NG 577 OF 1994 ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA B E T W E E N: GRANT JAMES WOODBRIDGE Appellant and COMCARE Respondent CORAM: WILCOX, EINFELD, LEE JJ. DATE : 23 FEBRUARY 1995 PLACE: SYDNEY REASONS FOR JUDGMENT THE COURT: This is an appeal from a decision of a Judge of this Court (Hill J.) which set aside the decision of the Administrative Appeals Tribunal ("the Tribunal") and returned the matter to the Tribunal for re-determination in accordance with law. The matter before the Tribunal giving rise to the question of law before his Honour arose under the Safety, Rehabilitation and Compensation Act 1988 (Cth) ("the Act") formerly known as the Commonwealth Employees Rehabilitation and Compensation Act 1988 (Cth). The question of law concerned construction of the Act.