Pacific Manning Company Pty Ltd v Barton [2003] FCA 498

FEDERAL COURT OF AUSTRALIA

Pacific Manning Company Pty Ltd v Barton [2003] FCA 498

COMPENSATION – Seafarers Rehabilitation and Compensation Act 1992 (Cth) – application appealing a decision of the Administrative Appeals Tribunal – whether the respondent failed to comply with statutory requirements for notification of injury – whether the Administrative Appeals Tribunal failed to consider the respondent's capacity for work in suitable employment – whether the Administrative Appeals Tribunal failed to give adequate reasons for its decision – application dismissed.

Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Seafarers Rehabilitation and Compensation Act 1992 (Cth) ss3, 6, 10(4), 26, 31, 32, 62 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 19(4)

Wilson v Wilson's Tile Works Pty Ltd (1960) 104 CLR 328 cited Esam v ASP Ship Management (1998) 87 FCR 82 cited Banks v Comcare Australia (unreported, Federal Court of Australia, Kiefel J, 22 May 1996) cited Comcare v Luck (1999) 29 AAR 403 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 325 applied Martin v Australian Postal Corporation [2000] FCA 1646 discussed PACIFIC MANNING COMPANY PTY LTD v MICHAEL BARTON No S 27 of 2003 von DOUSSA J ADELAIDE 22 MAY 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 27 OF 2003

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: PACIFIC MANNING COMPANY PTY LTD

APPLICANT

AND: MICHAEL BARTON

RESPONDENT

JUDGE: von DOUSSA J

DATE OF ORDER: 22 MAY 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Application dismissed. 2. Applicant to pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.