Dunstan v Comcare [2006] FCA 1655

FEDERAL COURT OF AUSTRALIA

Dunstan v Comcare [2006] FCA 1655

ADMINISTRATIVE LAW – Application by way of appeal from the Administrative Appeals Tribunal – applicant claimed entitlement to compensation under Safety, Rehabilitation and Compensation Act 1988 (Cth) for depression caused by relationship with co-worker – whether depression a "disease" as defined in s 4 – whether depression contributed to in a material degree by applicant's employment HELD – Application allowed Safety, Rehabilitation and Compensation Act 1988 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Evidence Act 1995 (Cth) Dunstan v Human Rights and Equal Opportunity Commission (No 2) [2005] FCA 1885 referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626 discussed Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 discussed Comcare v Canute (2005) 148 FCR 232 referred to Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310 referred to Kennedy Cleaning Services Pty Ltd v Petkoska (2000) 200 CLR 286 referred to COLIN GEORGE DUNSTAN v COMCARE ACD 47 OF 1996

MANSFIELD J

11 DECEMBER 2006

ADELAIDE (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 47 OF 1996

BETWEEN: COLIN GEORGE DUNSTAN

Applicant

AND: COMCARE

Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 11 DECEMBER 2006

WHERE MADE: ADELAIDE (HEARD IN CANBERRA)

THE COURT ORDERS THAT:

1. The application be allowed. 2. The decision of the Administrative Appeals Tribunal of 28 June 1996 be set aside. 3. The matter be remitted to the Administrative Appeals Tribunal for reconsideration. 4. The respondent pay to the applicant any disbursements properly incurred on the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA