Federal Court of Australia
FEDERAL COURT OF AUSTRALIA WORKERS' COMPENSATION – injured Seaman – application for review of Administrative Appeals Tribunal decision – error of law - interpretation of Seafarers' Rehabilitation and Compensation Act 1992 (Cth) – inability to engage in suitable employment because of economic circumstances - whether state of labour market is a relevant consideration when calculating amount of compensation – beneficial construction of remedial legislation – terms of specific compensation scheme – causal link between injury and exposure to labour market conditions. Seafarers Rehabilitation and Compensation Act 1992 (Cth) ss 31(5)(a), 32 The Safety Rehabilitation and Compensation Act 1988 (Cth) s 19(3)(a) Wilson v Wilson's Tile Works Pty Ltd (1960) 104 CLR 328, cited Hill v Bryant [1974] 2 NSWLR 423, cited Associated Steamships Pty Limited v Hore (1995) 61 FCR, cited Re Rawling and Comcare Administrative Appeals Tribunal Decision No 8467, distinguished Comcare v Rawling (1993) 42 FCR 421, cited Telstra Corporation Ltd v Warner (1994) 20 AAR 259, cited Ball v William Hunt & Sons Ltd [1912] AC 496, distinguished D C Pearce and R S Geddes, Statutory Interpretation in Australia, 4th edn par 9.2 ff. Second Reading Speech, Social Security Legislation Amendment Bill 1986 House of Representatives, 17 April 1986, p 2557. ALAN ESAM v ASP SHIP MANAGEMENT NG 158 OF 1998 TAMBERLIN J SYDNEY 10 SEPTEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 158 of 1998
BETWEEN: ALAN ESAM
Applicant
AND: ASP SHIP MANAGEMENT
Respondent
JUDGE: TAMBERLIN
DATE OF ORDER: 10 september 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the AAT be set aside. 3. The matter be remitted to the AAT for determination in accordance with these reasons for decision. 4. The respondent pay the applicant's costs of the AAT hearing and the hearing of this appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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