Sheikh v Australian Postal Corporation [2005] FCA 1819

FEDERAL COURT OF AUSTRALIA

Sheikh v Australian Postal Corporation [2005] FCA 1819

WORKERS' COMPENSATION – Safety, Rehabilitation and Compensation Act 1988 (Cth) – appeal from Administrative Appeals Tribunal – appellant suffered a compensable lower back injury – commenced return to work program – appellant lodged a number of claims for compensation relating to a depressive illness and drug overdose – whether appellant suffered from a compensable psychiatric ailment – whether appellant was capable of working full-time – whether Tribunal erred in its interpretation and application of s 14(2) of the Act – whether Tribunal failed to consider the central contentions advanced by appellant in relation to her claim for compensation for a drug overdose Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 14(2), 41 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Waterford v The Commonwealth (1987) 163 CLR 54 referred to Apthorpe v Repatriation Commission (1987) 77 ALR 42 referred to Wilshire v Essex Area Health Authority [1988] 1 All ER 871 discussed Hart v Comcare [2005] FCA 16 referred to YASMIN SHEIKH v AUSTRALIAN POSTAL CORPORATION NSD 1422 OF 2005 TAMBERLIN J SYDNEY 22 DECEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1422 OF 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: YASMIN SHEIKH

APPELLANT

AND: AUSTRALIAN POSTAL CORPORATION

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 22 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. There is no order as to 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 NSD 1422 OF 2005