Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coe v Comcare [2007] FCA 1564 ADMINISTRATIVE LAW – review of decision of Administrative Appeals Tribunal not to grant compensation for psychiatric injury – review of adequacy of Tribunal's reasons – absence of clear finding on particular diagnosis – Tribunal entitled to find causation not proved DAMAGES – causation – meaning of "contributing factor" Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2B), 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A, 14, 124(1A) Compensation (Commonwealth Government Employees) Act 1971 (Cth) s 29 Chappel v Hart (1998) 195 CLR 232 referred to Comcare v Mooi (1996) 69 FCR 439 distinguished Dennis Wilcox Pty Limited v Commissioner of Taxation (1983) 19 ATR 1122 referred to Dodds v Comcare Australia (1993) 31 ALD 690 applied Dornan v Riordan (1990) 24 FCR 564 applied Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 distinguished Favelle Mort Limited v Murray (1975-76) 133 CLR 580 cited Hawkins v Comcare (2001) 115 FCR 127 applied March v E & M H Stramare Pty Limited (1991) 171 CLR 506 discussed Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2005) 219 ALR 27referred to Wade v Comcare [2002] FCA 305 referred to
LINDA MARION COE v COMCARE NSD 577 of 2007 LINDA MARION COE v ADMINISTRATIVE APPEALS TRIBUNAL and COMCARE NSD 840 of 2007
JACOBSON J
11 OCTOBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 577 of 2007
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MRS J KELLY, SENIOR MEMBER AND DR S H TOH, MEMBER
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