FEDERAL COURT OF AUSTRALIA

Hahnheuser v WorkCover Corporation of South Australia [2001] FCA 1731

AXEL HAHNHEUSER v WORKCOVER CORPORATION OF SOUTH AUSTRALIA

Q 174 OF 2001

DOWSETT J

12 NOVEMBER 2001

BRISBANE

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

REASONS FOR JUDGMENT

1                     A further ground of appeal arises out of the circumstances in which the cause of action arose.  The judgment which is the basis of the bankruptcy notice was obtained as a result of certain statutory provisions concerning workers’ compensation as it is payable in South Australia.  Apparently, amounts are paid on account before any final determination as to entitlement pursuant to the relevant legislation.  A tribunal had determined that the appellant was entitled to compensation but an appellate tribunal came to the contrary conclusion, as appears from the Magistrate’s decision, based upon its view as to the circumstances in which the alleged incapacity was caused.  This appears particularly at pars 19 and 20 of his Honour’s reasons.  As a result of that decision an amount became repayable by the appellant, and that was the subject matter of the relevant proceedings.

2                     The appellant submits that in the course of proceedings in the tribunal and appellate tribunal, the respondent obtained further medical information which was used against the appellant.  He submits that this information was obtained illegally.  However he has not demonstrated to me why that is so.  Further, as the Magistrate pointed out, the information does not seem to have had any relevance to the factual basis upon which the appellate

tribunal reversed the earlier decision.  In those circumstances the appellant has not demonstrated any error in the decision of the Magistrate.  This ground of appeal must also fail. 

Associate:

Dated:              12 November 2001