Nikolovski v Telstra Corporation Ltd [2002] FCA 846

FEDERAL COURT OF AUSTRALIA

Nikolovski v Telstra Corporation Ltd [2002] FCA 846

ADMINISTRATIVE LAW – application for review of a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed five decisions made pursuant to the Safety Rehabilitation and Compensation Act 1988 (Cth) – whether the Tribunal failed to set out its findings on material questions of fact and to refer to evidence or other materials on which those findings were based – where the Tribunal's reasons contained no direct or discrete discussion of one of the decisions under appeal – whether the matter should be remitted for rehearing to the Tribunal differently constituted or to the same Tribunal.

Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B) Safety Rehabilitation and Compensation Act 1988 (Cth) Brackenreg v Comcare Australia (1995) FCR 335 referred to Carroll v Australian Jockey Club (1999) 19 NSWCCR 164 referred to Comcare Australia v Hill (1999) 56 ALD 487 referred to Industry Research and Development Board v IMT Ltd (2001) 46 ATR 275 referred to NIKOLOVSKI v TELSTRA CORPORATION LTD N 1553 of 2001 MOORE J 5 JULY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1553 OF 2001

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: CANE NIKOLOVSKI

APPLICANT

AND: TELSTRA CORPORATION LTD

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 5 JULY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal in matter N 2000/1929 to affirm the decision dated 19 December 2000 that affirmed a determination dated 29 September 2000 be set aside. 2. The Tribunal, differently constituted, rehear the application for review concerning the decision referred to in order 1. 3. The appeal otherwise be dismissed. 4. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.