Comcare v Mooi, Paul [1996] FCA 508

CATCHWORDS WORDS AND PHRASES - meaning of the terms "injury", "disease" and "ailment" in ss 4 and 14 of the Safety Rehabilitation and Compensation Act 1988 (Cth) - whether work-related stress leading to a condition of reactive depression and resulting in incapacity for work but not amounting to a mental disease, illness or disorder, is an injury within the meaning of s 14(1) of the Act. STATUTORY INTERPRETATION - where a definition section gives a particular meaning to a term in a statute - necessity to have regard to the ordinary connotations of the word defined and not merely the literal words of the definition. Administrative Appeals Tribunal Act 1975 (Cth) - s 44 Safety Rehabilitation and Compensation Act 1988 (Cth) - ss 4, 14(1) Cases Considered British Amusement Catering Trades Association v Westminster City Council [1988] 2 WLR 485 Claydon v Bradley [1987] 1 WLR 521 Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626 Re Magavalis [1983] 1 Qd R 59 RAP v AEP [1982] 2 NSWLR 508 Thazin-Aye v Workcover Authority of NSW (Court of Appeal, unreported, 20 September 1995) W v L [1974] 1 QB 711 COMCARE v PAUL MOOI QG 75 OF 1995 DRUMMOND J BRISBANE 26 JUNE 1996

FEDERAL COURT OF AUSTRALIA ) No. QG 75 of 1995 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN: COMCARE Applicant AND: PAUL MOOI Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 26 June 1996 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal made on 3 May 1995 be set aside and the decision of the applicant's Internal Review Officer of 6 July 1993, affirming the decision of the Department of Defence of 19 February 1993, be restored. 2. The respondent pay the applicant's costs of and incidental to the proceedings. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.