Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Theo v Secretary, Department of Families, Community Services and Indigenous Affairs [2007] FCAFC 72
SOCIAL SECURITY – age pension – respondent paid age pension to appellant – pension subsequently cancelled – failure to provide information sought – whether estoppel prevents exercise of statutory discretion – whether Tribunal erred in finding respondent correct in cancelling pension Held: Appeal dismissed. Social Security (Administration) Act 1999 (Cth) ss 36, 37, 63 Social Security Act 1991 (Cth) pt 3.18 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Theo v Secretary, Department of Family and Community Services [2006] AATA 1086 affirmed Theo v Secretary, Department of Family and Community Services (2006) 42 AAR 503 cited Attorney‑General (NSW) v Quin (1990) 170 CLR 1 applied Theo v Secretary, Department of Family and Community Services [2005] FCA 880 approved Condell v Commissioner of Taxation [2007] FCAFC 44 cited Spencer Bower G, Estoppel by Representation (4th ed, Feldman P, Hochberg D and Leech T (eds), LexisNexis UK, 2004) Wilken S and Villiers T, The Law of Waiver, Variation and Estoppel (2nd ed, Wilken S (ed), OUP, 2002) SOLON THEO v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES QUD 449 OF 2006
KIEFEL, SUNDBERG AND GYLES JJ
23 MAY 2007
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 449 OF 2006
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY THE HONOURABLE JUSTICE GREENWOOD
BETWEEN: SOLON THEO
Appellant
AND: SECRETARY, DEPARTMENT OF FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
Respondent
JUDGES: KIEFEL, SUNDBERG AND GYLES JJ DATE OF ORDER: 23 MAY 2007
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal is dismissed. 2. The appellant pay the respondent's costs of and incidental to 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
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