Fellowes v Military Rehabilitation and Compensation Commission

HIGH COURT OF AUSTRALIAHAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJROBYN CHRISTINE FELLOWES  APPELLANTANDMILITARY REHABILITATION AND COMPENSATIONCOMMISSION  RESPONDENTFellowes v Military Rehabilitation and Compensation Commission [2009] HCA 3823 September 2009B8/2009ORDER1.      Appeal allowed with costs.2.Set aside the orders of the Full Court of the Federal Court of Australia made on 4 August 2008 and, in their place, order that:(a)     the appeal to that Court be allowed with costs;(b)the decision of the Administrative Appeals Tribunal made on 7 September 2007 be set aside and, in its place, there be a direction that the respondent determine the amount payable to the applicant for review by the Tribunal assessed under ss 24 and 27 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) in respect of an injury, being a right knee condition resulting in a degree of permanent impairment of the applicant of 10% as assessed under Table 9.5 of the applicable Guide to the Assessment of the Degree of Permanent Impairment; and(c)the respondent pay the applicant's costs of the review by the Administrative Appeals Tribunal.On appeal from the Federal Court of AustraliaRepresentationP J Hanks QC with R F King-Scott for the appellant (instructed by Slater & Gordon Lawyers)T M Howe QC with L A Walker for the respondent (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSFellowes v Military Rehabilitation and Compensation CommissionWorkers' compensation – Injury resulting in permanent impairment – Under s 24 of Safety, Rehabilitation...