Associated Steamships Pty Ltd v Hore, Norman [1995] FCA 798

CATCHWORDS ADMINISTRATIVE LAW - appeal from decision of Administrative Appeals Tribunal - entitlement to continuing compensation under Seaman's Compensation Legislation STATUTORY INTERPRETATION - whether monetary limit imposed by Seamen's Compensation Act 1911 (Cth) is preserved by Seafarers Rehabilitation & Compensation (Transitional Provisions and Consequential Amendments) Act 1992 (Cth) - construction of ss 4, 5, 6, 7 & 12 of Seafarers Rehabilitation & Compensation (Transitional Provisions & Consequential Amendments) Act 1992 (Cth) - legislative intention - principles discussed. Seamen's Compensation Act 1911 (Cth) s 5D Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992 (Cth) ss 4, 5, 6, 7, 8, 12, 13 and 14. Seafarers Rehabilitation and Compensation Act 1992 (Cth) Brennan v R (1936) 55 CLR 253 Bank of England v Vagliano Bros [1891] AC 107 Mathieson v Burton (1970) 124 CLR 1 Pearce & Geddes, Statutory Interpretation in Australia, Third Edn at 160-3 On Appeal from the Administrative Appeals Tribunal ASSOCIATED STEAMSHIPS PTY LTD (Appellant) and NORMAN HORE (Respondent) No G 326 of 1995 Beaumont, Einfeld and Tamberlin JJ Sydney 2 November 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. G326 of 1995 GENERAL DIVISION ) ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL No N94/73 BETWEEN: ASSOCIATED STEAMSHIPS PTY LTD Appellant AND: NORMAN HORE Respondent CORAM: BEAUMONT, EINFELD and TAMBERLIN JJ PLACE: SYDNEY DATED: 2 NOVEMBER 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1 The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.