Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jordan v Australian Postal Corporation [2007] FCA 2028
ADMINISTRATIVE LAW – Error of law – whole body impairment – use of tables in Comcare Guide – injury – assessment of permanent impairment – requirement to isolate compensable effects from effects of underlying condition where it is possible – failure to give adequate reasons Administrative Appeals Tribunal Act 1975 (Cth) s 20B, s 43(2), s 43(2B), s 44(5) Safety, Rehabilitation and Compensation Act 1988 (Cth) s 5A, s 24, s 24(5), s 28, s 28(1), s 28(4) Carson v Comcare [2004] FCAFC 204 Comcare v Amorebieta (1996) 66 FCR 83 Martin v Australian Postal Corporation [1999] FCA 655; 29 AAR 420 Peacock v Repatriation Commission (2007) 161 FCR 256 MAREE JORDAN v AUSTRALIAN POSTAL CORPORATION NSD 1218 OF 2007
BUCHANAN J
19 DECEMBER 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1218 OF 2007
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: MAREE JORDAN
Appellant
AND: AUSTRALIAN POSTAL CORPORATION
Respondent
JUDGE: BUCHANAN J
DATE OF ORDER: 19 DECEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The decision of the Administrative Appeals Tribunal is set aside. 2. The matter is remitted to the Administrative Appeals Tribunal to be heard in accordance with the Administrative Appeals Tribunal Act 1975 (Cth). 3. The respondent is to pay the appellant's 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 1218 OF 2007
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: MAREE JORDAN
Appellant
AND: AUSTRALIAN POSTAL CORPORATION
Respondent
JUDGE: BUCHANAN J
DATE: 19 DECEMBER 2007
PLACE: SYDNEY
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