Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Tsourounakis [2004] FCAFC 332 VETERANS' ENTITLEMENTS – age service pension – reduction for assets – whether respondents had effectively alienated beneficial ownership of real property in favour of their son where no transfer of legal title – whether proprietary estoppel in circumstances where son made substantial improvements to the property Veterans' Entitlements Act 1986 (Cth), ss 5L(1), (2), (3), 36A(2), 36N, 57, 57B(1), (2), 52C(1), Administrative Appeals Tribunal Act 1975 (Cth), ss 43(2), 44 Property Law Act 1974 (Qld), ss 11 and 200 Dillwyn v Llewelyn (1862) 45 ER 1285 cited Ramsden v Dyson (1866) LR 1 E&IA 129 cited Dinyarrak Investments Pty Ltd v Amoco Australia Ltd (1982) 45 ALR 214 cited Giumelli v Giumelli (1999) 196 CLR 101 cited Commonwealth v Verwayen (1990) 170 CLR 304 cited
REPATRIATION COMMISSION v EMMANOUIL & VASILIKI TSOUROUNAKIS Q75 OF 2004 SPENDER, KIEFEL & EMMETT JJ 20 DECEMBER 2004 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q75 OF 2004
ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DEPUTY PRESIDENT MULLER
BETWEEN: REPATRIATION COMMISSION
APPLICANT
AND: EMMANOUIL AND VASILIKI TSOUROUNAKIS
RESPONDENTS
JUDGES: SPENDER, KIEFEL & EMMETT JJ
DATE OF ORDER: 20 DECEMBER 2004
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be upheld.
2. The orders of the Administrative Appeals Tribunal of 18 March 2004 be set aside and the matter be remitted to the Tribunal for reconsideration according to law.
AND THE COURT NOTES:
3. The agreement of the parties that the Commission pay the respondents' costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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