Waldron, T.G. v Comcare Australia [1995] FCA 110

CATCHWORDS ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal - Tribunal ignored significant evidence supportive of medical view it rejected - whether there was a failure to take account of a relevant consideration - whether there was a breach of the duty to give reasons under s. 43 - whether justice could be seen to have been done - where the Tribunal had relied on observations of the applicant "in and about the hearing room" without advising counsel, whether natural justice had been denied - discussion of Marelic v. Comcare and reliance on demeanour - whether the exception in Stead v. Government Insurance Commission had application. Administrative Appeals Tribunal Act 1975, s. 43 Brackenreg v. Comcare Australia Sheppard J., unreported, 15 March 1995 Sullivan v. Department of Transport (1978) 20 ALR 323 ARM Constructions Pty Ltd v. Commissioner of Taxation (1986) 10 FCR 197 Marelic v. Comcare (1993) 121 ALR 114 Stead v. Government Insurance Commission (1986) 161 CLR 141 Australian and Overseas Telecommunications Corporation Limited v. McAuslan (1993) 47 FCR 492 Angaston and District Hospital v. Thamm (1987) 47 SASR 177 Government Insurance Office of New South Wales v. Bailey (1992) 27 NSWLR 304 TONY GLEN WALDRON v. COMCARE AUSTRALIA DG 7 of 1994 Burchett J. Darwin 24 March 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NORTHERN TERRITORY DISTRICT REGISTRY )DG 7 of 1994 ) GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A SENIOR MEMBER

BETWEEN: TONY GLEN WALDRON Applicant

AND: COMCARE AUSTRALIA Respondent CORAM: Burchett J. PLACE: Darwin DATE : 24 March 1995

ORDERS OF THE COURT

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal (other than its decision to set aside the decision under review by it; its finding with respect to the physical injury to the applicant's left upper limb; and its decision that the respondent should pay certain costs) be set aside; 2. The matter be remitted to the Administrative Appeals Tribunal differently constituted for determination of the remaining questions according to law; and 3. The respondent pay the applicant's costs of the appeal, other than the costs of the second day, which were necessitated by the amendment made to the grounds of appeal.