Department of Defence as Delegate of Comcare v West, Robin [1998] FCA 892

FEDERAL COURT OF AUSTRALIA COMPENSATION – permanent impairment – whether a permanent impairment which worsens significantly is the same, or a different, permanent impairment for the purposes of awarding lump sum compensation pursuant to the Safety, Rehabilitation and Compensation Act 1988 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 24, 25, 124 Administrative Appeals Tribunal Act 1975 (Cth), s 44 Brennan v Comcare (1994) 50 FCR 555, considered Blackman v Australian Telecommunications Corporation (1990) 12 AAR 11, considered Comcare v Levett (1995) 60 FCR 14, considered Australian Telecommunications Commission v Leech (1982) 69 FLR 409, cited Slattery v Comcare (1996) 70 FCR 131, cited Hoyle v Telstra Corporation Ltd (1997) 75 FCR 390, cited Hope v The Council of the City of Bathurst (1980) 144 CLR 1, cited Spencer v Secretary, Department of Social Security (1998) 154 ALR 489 DEPARTMENT OF DEFENCE AS DELEGATE OF COMCARE v ROBIN WEST AG 2 of 1998 JUDGES: O'CONNOR, HEEREY, MERKEL JJ PLACE: MELBOURNE (HEARD IN CANBERRA)

DATE: 31 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY AG 2 of 1998

on appeal from the administrative appeals tribunal

BETWEEN: DEPARTMENT OF DEFENCE AS DELEGATE OF COMCARE

Applicant

AND: ROBIN WEST

Respondent

JUDGES: O'CONNOR, HEEREY, MERKEL JJ

DATE OF ORDER: 31 JULY 1998

WHERE MADE: MELBOURNE (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeal Tribunal dated 22 December 1997 be set aside and the matter remitted back to the Administrative Appeal Tribunal to be heard and determined in accordance with law. 3. No order be made as to costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.