Comcare v Sahu-Khan [2007] FCA 15

FEDERAL COURT OF AUSTRALIA

Comcare v Sahu-Khan [2007] FCA 15 ADMINISTRATIVE LAW – whether injury was contributed to or aggravated in a material degree by employment under s4(1) of the Safety Rehabilitation and Compensation Act 1988 (Cth)– effect of word "material" upon definition of "disease" – requirements before remitting matter to Tribunal. STATUTORY INTERPRETATION – resort to textual material – "material" intended to require something more than "a mere contributing factor". Administrative Appeals Act 1975 (Cth) s44 Compensation (Commonwealth Government Employees) Act 1971 (Cth) s 29 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 4(1) Safety Rehabilitation and Compensation and other Legislation Amendment Bill 2006 (Cth) Sched 1 cl 11, s 5B CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 followed Comcare v Canute (2005) 148 FCR 232 referred to Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 referred to Repatriation Commission v Bendy (1989) 10 AAR 323 referred to Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 referred to Macquarie Dictionary Second Reading Speech, House of Representatives, Debates, 27 April 1988, p 2191 Shorter Oxford Dictionary COMCARE v SHAFFAAT ALI SAHU-KHAN No SAD 110 of 2006

FINN J

19 JANUARY 2007

ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 110 OF 2006

BETWEEN: COMCARE

Applicant

AND: SHAFFAAT ALI SAHU-KHAN

Respondent

JUDGE: FINN J

DATE OF ORDER: 19 JANUARY 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the respondent's costs of 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