Minister for Immigration and Community Services v Summerscales [2000] NFSC 4

SUPREME COURT OF NORFOLK ISLAND

Minister for Immigration and Community Services v Summerscales [2000] NFSC 4 WORKERS COMPENSATION – application of provisions in respect of incapacity suffered by a casual employee also in full-time employment with another employer. Employment Act 1988 (N.I.) – s 7, s 8, s 18, s 22, s 27, s 28, s 30 Employment Regulations 1991 – Reg 3 Thompson v Armstrong & Royse Pty Ltd (1950) 81 CLR 585 referred to State Rail Authority of New South Wales v Belgrove (1982) 2 NSWLR 738 referred to Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 followed Bishop v Deakin [1936] 1 Ch 409 referred to Chelfco Ninety-Four Pty Ltd v Road Traffic Authority (1985) VR 1 referred to Bennion, "Statutory Interpretation", 3rd Ed. (1997) referred to MINISTER FOR IMMIGRATION AND COMMUNITY SERVICES V ALLAN SUMMERSCALES AND PINETREE TOURS

SC 5 of 2000 CORAM: BEAUMONT CJ DATE: 8 NOVEMBER 2000

PLACE: SYDNEY (HEARD IN NORFOLK ISLAND)

IN THE SUPREME COURT ) ) SC 5 of 2000 NORFOLK ISLAND )

ON APPEAL FROM THE EMPLOYMENT TRIBUNAL BETWEEN: MINISTER FOR IMMIGRATION AND COMMUNITY SERVICES Appellant AND: ALLAN SUMMERSCALES First Respondent AND PINETOURS TOURS Second Respondent

ORDERS BEAUMONT CJ: 8 NOVEMBER 2000

THE COURT ORDERS THAT:

1. The appeal is dismissed.

IN THE SUPREME COURT ) ) SC 5 of 2000 NORFOLK ISLAND )

ON APPEAL FROM THE EMPLOYMENT TRIBUNAL BETWEEN: MINISTER FOR IMMIGRATION AND COMMUNITY SERVICES Appellant AND: ALLAN SUMMERSCALES First Respondent AND PINETOURS TOURS Second Respondent