Boyd v Australian Postal Corporation [2006] FCA 73

FEDERAL COURT OF AUSTRALIA

Boyd v Australian Postal Corporation [2006] FCA 73 BRIAN BOYD v AUSTRALIAN POSTAL CORPORATION NSD 1558 of 2005 ALLSOP J 7 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1558 of 2005

BETWEEN: BRIAN BOYD

APPLICANT

AND: AUSTRALIAN POSTAL CORPORATION

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 7 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT: (1) Orders that the Administrative Appeals Tribunal's decision in matter N2004/1171 dated 2 August 2005 and the subject of written reasons on 24 August 2005 be set aside. (2) Declares in partial substitution of the decision of the Administrative Appeals Tribunal and otherwise that during the period 2 July 2003 to 4 September 2003, the applicant suffered from the effects of the injury to his right knee that occurred on 28 April 2000 and in respect of which liability was accepted on 11 May 2000 (the "Injury"). (3) Declares that: (a) pursuant to s 16 of the Safety Rehabilitation and Compensation Act 1988 (the SRC Act), the applicant is entitled to compensation for the costs of medical treatment reasonably obtained in respect of the Injury in the period 2 July 2003 to 4 September 2004; (b) pursuant to s 19 of the SRC Act, the applicant is entitled to compensation for incapacity in respect of the Injury in the period 2 July 2003 to 4 September 2003; (c) in the period 5 September 2003 to 7 February 2006, the applicant was not entitled to compensation in respect of the Injury; (d) in respect of the claims completed on 17 January 2003 (incorrectly dated 17 January 2002) and 18 July 2003, no liability under s 14 of the SRC Act arises. (4) Orders that the respondent pay the applicant's costs of the Administrative Appeals Tribunal proceedings numbered N2004/1171 as agreed or assessed. (5) Orders that the respondent pay the applicant's costs in this Court as agreed or assessed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.