Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Engida v Linfox Australia Pty Ltd [2016] FCA 793 File number: VID 58 of 2015
Judge: TRACEY J
Date of judgment: 8 July 2016
Catchwords: WORKERS' COMPENSATION – application for extension of time to appeal from a decision of the Administrative Appeals Tribunal relating to the applicant's entitlement to compensation under the Safety Rehabilitation and Compensation Act 1988 (Cth) – whether appeal has reasonable prospects of success – whether the Tribunal correctly assessed the applicant's level of impairment – whether Tribunal should have considered earlier work injuries – whether applicant afforded procedural fairness
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 44(2A) Safety Rehabilitation and Compensation Act 1988 (Cth) ss 14, 16, 19, 24, 27, 28, 58, 58(3), 59, 60
Cases cited: Australian Postal Corporation v Oudyn (2003) 73 ALD 659 – cited Birdseye v Australian Securities and Investments Commission (2003) 38 AAR 55 – cited Haritos v Commissioner of Taxation (2015) 233 FCR 315 – applied Lees v Comcare (1999) 56 ALD 84 – cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 – cited TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 19 ATR 1067 – cited
Date of hearing: 15 October 2015
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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