Commowealth of Australia v Daniel, Leslie Allen [1997] FCA 220

IN THE FEDERAL COURT OF AUSTRALIA ) ) DISTRICT REGISTRY ) No.457 of 1996 ) GENERAL DIVISION )

BETWEEN: COMMONWEALTH OF AUSTRALIA Applicant AND: LESLIE ALLEN DANIEL Respondent CORAM: EMMETT J. PLACE: SYDNEY DATED: 20 FEBRUARY 1997

MINUTES OF ORDER The Court orders that: 1. That the appeal be allowed.

2. That the direction made by the Administrative Appeals Tribunal in proceedings N94/510 and N94/511 be varied by deleting the words "including compensation" appearing after the words "Safety Rehabilitation and Compensation Act 1988", and Compensation Act 1988", and by deleting the words "and left C7 radiculopathy together with recurrent occipital headaches" appearing after the words "bilateral chondromalacia patellae".

3. That the question of the level of permanent impairment in respect of left C7 radiculopathy and recurrent occipital headaches in proceedings N94/510 be remitted to the Tribunal to be determined in accordance with law, with the hearing of further evidence.

4. That the question of whether the Applicant should be directed to make any payment of compensation other than compensation under section 24 and 27 of the Safety Rehabilitation and Compensation Act 1988 in proceedings N94/511 be remitted to the Tribunal to be determined in accordance with law, with the hearing of further evidence.

5. That the respondent pay the applicant's costs of the appeal.

The Court notes that:

In the opinion of the Court it would be appropriate for the Attorney-General to authorise payment under the Federal Proceeding (Costs) Act 1981 (Cth) to the respondent in respect of:

(i) the costs incurred by the Respondent in relation to the appeal, and