Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Young v Secretary, Department Of Family & Community Services
[2004] FCAFC 143
SOCIAL WELFARE – appeal from a decision of single judge of Federal Court – no error of law – appeal dismissed Administrative Appeals Tribunal Act 1975 (Cth) s 44
Social Security Act 1991 (Cth) s 1224
PAUL CHARLES YOUNG v SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES
V 906 OF 2003 MARSHALL, FINKELSTEIN AND JACOBSON JJ 26 MAY 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 906 OF 2003
ON APPEAL FROM A SINGLE JUDGE OF THE COURT
BETWEEN: PAUL CHARLES YOUNG
APPELLANT
AND: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES
RESPONDENT
JUDGES: MARSHALL, FINKELSTEIN AND JACOBSON JJ
DATE OF ORDER: 25 MAY 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 906 OF 2003
ON APPEAL FROM A SINGLE JUDGE OF THE COURT
BETWEEN: PAUL CHARLES YOUNG
APPELLANT
AND: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES
RESPONDENT
JUDGES: MARSHALL, FINKELSTEIN AND JACOBSON JJ
DATE: 26 MAY 2004
PLACE: MELBOURNE
REASONS FOR JUDGMENT
THE COURT 1 This is an appeal from a judgment of Gray J ("the primary judge") given on 5 September 2003 dismissing an appeal from the Administrative Appeals Tribunal ("the AAT") under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth). 2 On 25 May 2004 the Court ordered that the appeal be dismissed with costs. What follows are our reasons for making those orders. 3 The AAT had decided that the amount of rent assistance paid by Centrelink to the appellant in respect of a property at Dunolly was payable to the Commonwealth under s 1224 of the Social Security Act 1991 (Cth) ("the Act") as a debt due, because the appellant had made false statements or false representations to obtain the rent assistance. 4 The principle ground of appeal was that the AAT's decision was unreasonable in the Wednesbury sense and that the primary judge should have so found. 5 The appellant also contended that certain of the AAT's findings of fact were wrong and should not have been made. He submitted that this was an error of law, which should have been recognised by the primary judge. 6 Rent assistance is payable to a person to help cover the costs of rent if: "(a) the person is not an ineligible homeowner; and
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