Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dring v Telstra Corporation Limited [2020] FCA 699 Appeal from: Dring and Telstra Corporation Limited (Compensation) [2018] AATA 3149
File number: VID 1231 of 2018
Judge: SNADEN J
Date of judgment: 26 May 2020
Catchwords: WORKERS' COMPENSATION – statutory interpretation – definition of "injury" in s 5A of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – where the appellant fell within the public area of a hotel at which she was staying during a work trip – fall caused by slipping on wet floor tiles – injury occurred at 2:30am after a night of non work-related socialising – whether injury arose out of or in the course of employment – whether injury sustained during interval or interlude in overall period or episode of work – whether relevant nexus existed between the injury and the course of the appellant's employment – whether exposure to hazard resulted from social activities – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) pt II; divs 2, 3, 4, and 5; ss 5, 5A, 6, 14, 16, 62 and 64
Cases cited: Charles R. Davidson and Company v M'Robb (1918) AC 304 Comcare v McCallum (1994) 49 FCR 199 Comcare v PVYW (2013) 250 CLR 246 Commonwealth v Oliver (1962) 107 CLR 353 Haritos v Commissioner of Taxation (2015) 233 FCR 315 Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473 Henderson v Commissioner of Railways (WA) (1937) 58 CLR 281 Hope v Bathurst City Council (1980) 144 CLR 1 Humphrey Earl Limited v Speechley (1951) 84 CLR 126 Kennedy v Telstra Corporation (1995) 61 FCR 160 Lee v Transpacific Industries Pty Ltd (2013) 136 ALD 652 McCurry v Lamb (1992) 8 NSWCCR 556 Mendez v Telstra Corporation Limited (1998) 147 FLR 394 O'Kane v Comcare (2014) 221 FCR 482 Telstra Corporation Ltd v Bowden (2012) 206 FCR 207 Westrupp v BIS Industries Ltd (2015) 238 FCR 354 Yanunijarra Aboriginal Corporation RNTBC v State of Western Australia [2020] FCAFC 64
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