Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Postal Corporation v Bessey
[2001] FCA 266
ADMINISTRATIVE LAW – whether error of law by Administrative Appeals Tribunal – meaning of incapacity resulting from injury pursuant to ss 14(1) and 19(1) of the Safety Rehabilitation & Compensation Act 1988 (Cth) – meaning of injury in s 4(1) of the Act – meaning of "aggravation of underlying condition"
PRACTICE AND PROCEDURE – procedural fairness – whether breach of rule to deny party ability to show video tape to witness in cross examination – where evidence ruled inadmissible for any purpose – where no prior ruling or direction made as general practice direction or as express direction on procedure in the case
WORDS AND PHRASES – "procedural fairness"
Administrative Appeals Tribunal Act 1975 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) Salisbury v Australian Iron & Steel Ltd (1943) 44 SR (NSW) 157 followed Darling Island Stevedoring & Lighterage Co Ltd v Hankinson (1967) 117 CLR 19 followed Asioty v Canberra Abattoir Pty Ltd (1989) 167 CLR 533 followed Casarotto v Australian Postal Commission (1989) 86 ALR 399 followed Re Prica and Comcare (1996) 44 ALD 46 cited Australian Postal Commission v Hayes (1989) 23 FCR 320 applied Australian Trade Commission v Underwood Exports Pty Ltd (1997) 49 ALD 411 cited Rose & Bloxham v AE Bridges (1997) 79 FCR 378 cited Re An Application for Writs of Certiorari and Mandamus against Burton; Ex parte Burns [1998] WASC 98 cited Robbins v Harbord (1994) 62 SASR 229 cited BHP Pty Co Ltd v Mason (1996) 67 SASR 456 cited
AUSTRALIAN POSTAL CORPORATION v DEREK BESSEY
A 41 OF 2000
GYLES J
CANBERRA
20 MARCH 2001
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A41 OF 2000
BETWEEN: AUSTRALIAN POSTAL CORPORATION
APPLICANT
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