Kennedy, Timothy Frederick v Telstra Corp [1995] FCA 888

CATCHWORDS ADMINISTRATIVE LAW - Appeal from Administrative Appeals Tribunal - Safety Rehabilitation and Compensation Act - whether injuries sustained in the "course of employment" - whether nexus broken by visit to hotel - "but for" test considered - whether employee on "an ordinary recess" - whether employee on "interlude" or "interval" in overall work period - whether employee on "frolic of his own". Safety Rehabilitation and Compensation Act 1988 (Cth) subs 62(5), s 4, s 5, s 6, s 14, subs 24(5) March v E & M Stramare Pty Ltd (1991) 171 CLR 506 Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473 Danvers v Commissioner for Railways (NSW) (1969) 122 CLR 529 Commonwealth v Oliver (1962) 107 CLR 353 Comcare v McCallum (1994) 19 AAR 142 Inverell Shire Council v Lewis (1992) 8 NSWCCR 562 McCurry v Lamb (1992) 8 NSWCCR 556 Comcare v Mather (1995) 21 AAR 297 ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL Between: TIMOTHY FREDERICK KENNEDY and TELSTRA CORPORATION No NG 921 of 1994 Tamberlin J Sydney 6 November 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 921 of 1994 GENERAL DIVISION ) ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR M D ALLEN, SENIOR MEMBER; PROFESSOR G A R JOHNSTON, MEMBER; and MR G D STANFORD, MEMBER BETWEEN: TIMOTHY FREDERICK KENNEDY Applicant AND: TELSTRA CORPORATION Respondent CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 6 NOVEMBER 1995 MINUTE OF ORDERS THE COURT: 1. Declares that the applicant was injured in the course of employment. 2. Orders that the decision of the Administrative Appeals Tribunal be set aside. 3. Orders that the matter be remitted to the Administrative Appeals Tribunal to be decided in accordance with the law. 4. Orders that the respondent pay the applicant's costs of this appeal and the proceedings before the Administrative Appeals Tribunal. NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.