Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Houghton [2003] FCA 332 VETERANS' AFFAIRS – member of Royal Australian Navy has acoustic neuroma (a benign tumour) surgically removed from right ear at expense of Commonwealth – no causal or temporal connection between the tumour and member's employment – prior to operation, useful hearing in right ear – following operation no hearing in right ear – whether entitlement to compensation under subs 14(1) of Safety, Rehabilitation and Compensation Act 1988 (Cth) in respect of loss of hearing – whether loss of hearing resulted from an "injury" "suffered" by member as an "unintended consequence" of "medical treatment" paid for by Commonwealth within subs 6A(2) of that Act – meaning of "unintended" – absence of full findings of fact to which law could be applied.
WORDS AND PHRASES – "unintended" Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 6A, 14
Re Elliott and Comcare (2001) 64 ALD 423 cited Vallance v R (1961) 108 CLR 56 cited Re Eaton and Comcare (2002) 67 ALD 182 distinguished Public Trustee (WA) v State Energy Commission; re McPherson (1979) 142 CLR 211 discussed Repatriation Commission v Brown (1990) 12 AAR 253 discussed Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 cited Director of Fisheries (Northern Territory) v Arnhem Land Aboriginal Land Trust (2001) 185 ALR 649 cited Harts Australia Ltd v Commissioner of Taxation (2001) 109 FCR 405 cited Kockums AB v Commonwealth of Australia [2002] FCAFC 138 cited Copyright Agency Ltd v Charles Sturt University (No 2) (2001) 53 IPR 383 cited
COMCARE v DAVID HOUGHTON N 1175 OF 2002 LINDGREN J 14 APRIL 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1175 OF 2002
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MEMBER DR J D CAMPBELL
BETWEEN: COMCARE
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