Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kowalski v Repatriation Commission [2010] FCAFC 19 Citation: Kowalski v Repatriation Commission [2010] FCAFC 19
Appeal from: Kowalski v Repatriation Commission [2009] FCA 794
Parties: KAZIMIR KOWALSKI v REPATRIATION COMMISSION
File number(s): SAD 112 of 2009
Judges: SPENDER, EMMETT & JACOBSON JJ
Date of judgment: 5 MARCH 2010
Catchwords: ADMINISTRATIVE LAW – refusal to grant disability pension under Veterans' Entitlements Act 1986 (Cth) in relation to depressive disorder, anxiety disorder, hypertension and ischaemic heart disease – whether decision affected by bias – whether primary judge perverted the course of justice - function of Administrative Appeals Tribunal
Legislation: Veterans' Entitlements Act 1986 (Cth) Administrative Appeals Tribunal Act 1975 (Cth)
Cases cited: Re Kowalski and Repatriation Commission (2008) 107 ALD 447 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 at 589 considered Abebe v Commonwealth of Australia (1999) 197 CLR 510 at [187] considered SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 at [40] considered Kowalski v Repatriation Commission [2008] FCA 1970 cited
Date of hearing: 16 February 2010
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondent: Ms S Maharaj QC with Mr G Camilos
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