Australian Postal Corporation v Oudyn [2003] FCA 318

FEDERAL COURT OF AUSTRALIA

Australian Postal Corporation v Oudyn [2003] FCA 318 ADMINISTRATIVE LAW – jurisdiction of the Administrative Appeals Tribunal – compensation of Commonwealth government employees – Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether a decision to cease compensation under s 14 precludes a claim for permanent impairment under s 24 – whether a reviewable decision made under s 60

Administrative Appeals Tribunal Act 1975 (Cth) ss 3(2)(a), 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 14, 15, 24, 60, 62, 64, 69

Lees v Comcare [1999] FCA 753; (1999) 56 ALD 84 considered Plumb v Comcare (1992) 39 FCR 236 (FC) cited AUSTRALIAN POSTAL CORPORATION v HENDRIKUS JOSEPHUS OUDYN Q30 OF 2002 AUSTRALIAN POSTAL CORPORATION v D W MULLER IN HIS CAPACITY AS A SENIOR MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL AND HENDRIKUS JOSEPHUS OUDYN Q120 OF 2002 COOPER J BRISBANE 10 APRIL 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q30 OF 2002

BETWEEN: AUSTRALIAN POSTAL CORPORATION

APPLICANT

AND: HENDRIKUS JOSEPHUS OUDYN

RESPONDENT

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q120 OF 2002

BETWEEN: AUSTRALIAN POSTAL CORPORATION

APPLICANT

AND: D W MULLER IN HIS CAPACITY AS A SENIOR MEMBER

OF THE ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

HENDRIKUS JOSEPHUS OUDYN

SECOND RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 10 APRIL 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application in proceedings Q30 of 2002 is dismissed.

2. The applicant pay the respondent's costs of and incidental to the proceedings in Q30 of 2002, including reserved costs, if any, to be taxed if not agreed.