Sagigi v Comcare [2009] FCA 385

FEDERAL COURT OF AUSTRALIA

Sagigi v Comcare [2009] FCA 385

COMPENSATION – application for extension of time to file and serve a notice of appeal from decision of Tribunal – Tribunal's obligation to provide reasons upon request pursuant to s 43(2B) of the Administrative Appeals Tribunal Act 1975 (Cth) – reasons must be adequate but they need not be self-contained – adequacy of reasons is a matter of substance – no utility in granting an extension of time where appeal would inevitably fail on grounds raised in draft notice of appeal Safety, Rehabilitation and Compensation Act 1988 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Comcare v Amorebieta (1996) 66 FCR 83 considered Comcare v Davies (2008) 173 IR 294 considered Comcare v Moon (2003) 75 ALD 160 referred to Cypressvale Pty Ltd v Retail Shopping Lease Tribunal [1996] 2 Qd R 462considered Dodds v Comcare Australia (1993) 31 ALD 690 considered Housing Commission of New South Wales v Tatmar Pastoral Co [1983] 3 NSWLR 378 considered O'Keefe v Comcare [1998] FCA 603 referred to ALOMA SAGIGI v COMCARE

NSD 1687 of 2008

EDMONDS J

22 APRIL 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1687 of 2008

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER JOSEPHINE KELLY

BETWEEN: ALOMA SAGIGI

Applicant

AND: COMCARE

Respondent

JUDGE: EDMONDS J

DATE OF ORDER: 22 APRIL 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for an extension of time in which to file and serve a notice of appeal is refused. 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. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA