Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith v Caltex Australia Petroleum Pty Limited [2004] FCA 480 COMPENSATION – issue estoppel – injury to applicant in 1985 – findings made by Judge concerning applicant's resultant incapacity in 1992 – whether Administrative Appeals Tribunal bound by earlier findings when determining alleged incapacity for period after 1998.
Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 37. Seafarers Rehabilitation and Compensation Act 1992 (Cth) s 88.
Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 202 ALR 450 referred to Commonwealth v Sciacca (1988) 17 FRC 476 referred to Egri v DRG Australia Ltd (1988) 19 NSWLR 600 referred to Miller v University of New South Wales (2003) 200 ALR 565 referred to Sande v Registrar, Supreme Court of Queensland (1996) 64 FCR 123 applied HAROLD CHARLES SMITH v CALTEX AUSTRALIA PETROLEUM PTY LIMITED N 15 of 2004 WHITLAM J 23 APRIL 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 15 of 2004
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION
OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: HAROLD CHARLES SMITH
APPLICANT
AND: CALTEX AUSTRALIA PETROLEUM PTY LIMITED
RESPONDENT
JUDGE: WHITLAM J
DATE OF ORDER: 23 APRIL 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The decision of the Administrative Appeals Tribunal is affirmed. 3. The applicant is to pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 15 of 2004
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION
OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: HAROLD CHARLES SMITH
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