Carson v Comcare [2003] FCA 1550

FEDERAL COURT OF AUSTRALIA

Carson v Comcare [2003] FCA 1550

WORKERS' COMPENSATION – appeal from decision of Administrative Appeals Tribunal (AAT) upholding decision of Independent Review Officer refusing application for compensation in respect of permanent impairment – where appellant had made claim in respect of depression – where AAT found pre-existing impairment – where AAT had regard to materials not considered by primary decision marker - whether AAT committed error of law – appeal dismissed.

Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 24, 27, 28, 60, 62 and 64 Administrative Appeals Tribunal Act 1975 (Cth) ss 40, 43 and 44

Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 cited Fletcher & Ors v Federal Commissioner of Taxation (1988) 84 ALR 295 referred to Commonwealth of Australia v Ford (1986) 65 ALR 323 referred to Re Flynn and Department of Aviation (1987) 13 ALR 279 referred to Re Costello and Secretary, Department of Transport (1979) 2 ALD 934 referred to Comcare v Fiedler (2001) 115 FCR 328 referred to Servos v Repatriation Commission (1995) 56 FCR 377 followed Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited PETER JOHN CARSON v COMCARE No S 396 of 2003 LANDER J ADELAIDE 22 DECEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 396 OF 2003

BETWEEN: PETER JOHN CARSON

APPELLANT

AND: COMCARE

RESPONDENT

JUDGE: LANDER J

DATE OF ORDER: 22 DECEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant is to pay the respondent's costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 396 OF 2003