Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Norton v Comcare [2000] FCA 1068
ADMINISTRATIVE LAW - accumulation of factual misstatements by Administrative Appeals Tribunal in its reasons for decision leading to error of law - decision made by AAT in a manner so devoid of plausible justification that it is flawed for Wednesbury unreasonableness - applicant incapacitated due to degenerative condition and work-related back injury
Safety Rehabilitation and Compensation Act 1988 (Cth) s 19 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(2)(g)
Waterford v Commonwealth (1987) 163 CLR 54 cited Sharp Corporation of Australia Pty Ltd v Collector of Customs (1995) 59 FCR 6 applied Abebe v Commonwealth (1999) 162 ALR 1 referred to Minister for Immigration and Multicultural Affairs v Eshetu (1999) 162 ALR 577 referred to The Council of the City of Parramatta v Pestell (1972) 128 CLR 305 applied Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 applied Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 followed JAMES LESLIE NORTON v COMCARE QG 182 OF 1998
DRUMMOND J 4 AUGUST 2000 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 182 OF 1998
BETWEEN: JAMES LESLIE NORTON
APPLICANT
AND: COMCARE
RESPONDENT
JUDGE: DRUMMOND J
DATE OF ORDER: 4 AUGUST 2000
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The matter be remitted to the Administrative Appeals Tribunal, differently constituted, for redetermination, with liberty to receive further evidence.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 182 OF 1998
BETWEEN: JAMES LESLIE NORTON
APPLICANT
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate