Canute v Comcare

HIGH COURT OF AUSTRALIAGUMMOW ACJ,KIRBY, CALLINAN, HEYDON AND CRENNAN JJKENNETH CANUTE   APPELLANTANDCOMCARE  RESPONDENTCanute v Comcare[2006] HCA 4728 September 2006S154/2006ORDER1.Appeal allowed with costs. 2.Set aside the orders of the Full Court of the Federal Court of Australia made on 16 December 2005, and in their place order that: (a)      Order 1 made by Hill J on 1 April 2005 be varied so that it reads: 1.The decision of the Administrative Appeals Tribunal dated 21 June 2004 be set aside and in place thereof direct that Comcare determine an amount payable to the Applicant assessed under ss 24 and 27 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) in respect of an injury, being an adjustment disorder with anxious and depressed mood resulting in a degree of permanent impairment of the Applicant of 10 per cent as assessed pursuant to Table 5.1 of the Guide.(b)Appeal otherwise dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationL T Grey with J P Mrsic for the appellant (instructed by Carroll & O'Dea)P J Hanks QC with B H J Dube for the respondent (instructed by Phillips Fox Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSCanute v ComcareWorkers compensation − Injury and impairment − Liability of Comcare to pay compensation in respect of an injury which results in a permanent impairment pursuant to s 24 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) ("the Act") − Where Comcare required...