Comcare Australia (Defence) v O'Dea, Daniel Troy [1998] FCA 1184

FEDERAL COURT OF AUSTRALIA COMPENSATION – Employee of Commonwealth – Injury compensable if suffered while travelling between place where "normally resides" and place where "temporarily resides" as a matter of necessity or convenience for purposes of employment – Unmarried twenty year old stationed at Army barracks for twelve months – Returns to parents' home at weekends – Injured on return journey to barracks ‑ Whether barracks normal place of residence or temporary place of residence – Whether parents' home normal place of residence. Safety, Rehabilitation and Compensation Act 1988 s 6(1)(b)(iii)

Hafza v Director‑General of Social Security (1985) 60 ALR 674 applied Reg v Barnet London Borough Council; Ex parte Shah [1983] 2 AC 309 considered

COMCARE AUSTRALIA (DEFENCE) v DANIEL TROY O'DEA VG 742 of 1997 WILCOX, SUNDBERG AND NORTH JJ 23 SEPTEMBER 1998 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 742 of 1997

BETWEEN: comcare australia (defence)

Appellant

AND: daniel troy o'dea

Respondent

JUDGES: WILCOX, SUNDBERG AND NORTH JJ

DATE OF ORDER: 2 september 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's taxed costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 742 of 1997

BETWEEN: comcare australia (defence)

Appellant

AND: daniel troy o'dea

Respondent

JUDGES: WILCOX, SUNDBERG AND NORTH JJ

DATE: 23 September 1998

PLACE: MELBOURNE

REASONS FOR JUDGMENT

THE COURT: This appeal was argued on 2 September 1998. At the conclusion of argument we ordered that the appeal be dismissed with costs and said that we would give reasons later. These are our reasons.