Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
May v Military Rehabilitation and Compensation Commission [2014] FCA 406 Citation: May v Military Rehabilitation and Compensation Commission [2014] FCA 406
Appeal from: May and Military Rehabilitation and Compensation Commission [2011] AATA 886
Parties: BENJAMIN JAMES EDWARD MAY v MILITARY REHABILITATION AND COMPENSATION COMMISSION
File number(s): NSD 2336 of 2013
Judge(s): BUCHANAN J
Date of judgment: 30 April 2014
Catchwords: DEFENCE AND WAR – whether applicant suffered a compensable injury or disease within the definition of s 4 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) as a result of vaccinations received in the course of RAAF service – No compensable injury or disease found by the Administrative Appeals Tribunal on the evidence – no error by the Administrative Appeals Tribunal in defining an injury simpliciter – whether reported symptoms represented an injury in the course of employment – appeal dismissed ADMINISTRATIVE LAW – whether grounds of appeal to the Court state a "pure" question of law or mixed questions of law and fact – whether appeal competent – not necessary for determination in the present case
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 44, 44(1) Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4, 6A, 6A(2)(b), 14
Cases cited: Accident Compensation Commission v McIntosh [1991] 2 VR 253 Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232 Brown v Repatriation Commission [2006] FCA 914 Colby Corporation Pty Ltd v Federal Commissioner of Taxation (2008) 165 FCR 133 Comcare v Etheridge (2006) 149 FCR 522 Comcare v PVYW [2013] HCA 41 Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473 Kennedy Cleaning Services Pty Ltd v Petkoska (2000) 200 CLR 286 Mori v Secretary, Department of Social Services [2014] FCA 333 National Australia Bank v Georgoulas [2013] FCA 1412 Peters v Comcare [2013] FCA 1361 Purvis v Dairy Adjustment Authority (No 2) (2006) 150 FCR 48 Rana v Repatriation Commission [2011] FCAFC 124 Soames v Secretary, Department of Social Services [2014] FCA 295 TNT Skypack International (Aust) Pty Ltd v Federal Commissioner of Taxation [1988] FCA 119 Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310
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