Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corporation Limited v Mahon [2004] FCA 1404
ADMINISTRATIVE LAW – review of Administrative Appeals Tribunal decision – error of law – construction of Tribunal decision - whether Tribunal gave sufficient reasons
ESTOPPEL – where respondent filed a notice of contention - whether the Tribunal or the applicant is estopped from revoking a decision to pay the respondent worker's compensation – where the applicant has by receiving compensation waived his common law rights to sue for non-economic loss – the Tribunal and applicant are not bound by an estoppel
Administrative Appeals Tribunal Act 1975 (Cth) s 43(1)
Safety, Rehabilitation and Compensation Act 1988 (Cth) s 62, s 62(1), s 62(5) s 62 s 24 s 27, s 45, s16(1)
Adelaide Stevedoring & Co Pty Ltd v Forst (1940) 64 CLR 538
Attorney-General (NSW) v Quin (1990) 179 CLR 1
Bramwell v Repatriation Commission (1998) 158 ALR 623
Brickworks Ltd v Council of the Shire of Warringah (1963) 108 CLR 568
Formosa v Secretary, Department of Social Security (1988) 46 FCR 117
Hu v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 63 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Power v Comcare (1998) 89 FCR 514
Repatriation Commission v Crane [2004] FCAFC 86
TELSTRA CORPORATION LIMITED (ACN 051 775 556) v CHRISTOPHER JOHN MAHON
NSD556 OF 2004
BENNETT J
29 OCTOBER 2004
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD556 OF 2004
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: TELSTRA CORPORATION LIMITED
(ACN 051 775 556)
APPLICANT
AND: CHRISTOPHER JOHN MAHON
RESPONDENT
JUDGE: BENNETT J
DATE OF ORDER: 29 OCTOBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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