Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rana v Repatriation Commission [2011] FCAFC 124 Citation: Rana v Repatriation Commission [2011] FCAFC 124
Appeal from: Rana v Repatriation Commission [2010] FCA 281
Parties: RANJIT SHAMSHER JUNG BAHADUR RANA v REPATRIATION COMMISSION
File number: SAD 37 of 2010
Judges: KENNY, STONE AND LOGAN JJ
Date of judgment: 21 September 2011
Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal on a question of law – whether notice of appeal stated any such question – need to read notice of appeal as a whole and in context – whether so read question of law raised or dispute about findings of fact – no question of law stated – appeal dismissed APPEAL AND NEW TRIAL – reception of fresh evidence – whether fresh evidence would demonstrate an error of law in decision of the Tribunal – evidence did not demonstrate an error of law – reception of fresh evidence refused
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 44 Administrative Decisions Judicial Review Act 1977 (Cth) Defence Service Homes Act 1918 (Cth) Federal Court of Australia act 1976 (Cth) ss 24, 27 Veterans' Entitlements Act 1986 (Cth) ss 68, 69, 70 Federal Court Rules 1979 (Cth) O 53 r 3(2)
Cases cited: Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 133 FCR 290 cited Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 cited Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 followed Comcare v Etheridge (2006) 149 FCR 522 cited Ergon Energy Corporation Ltd v Federal Commissioner of Taxation (2006) 153 FCR 551 followed Phillips v Commissioner for Superannuation [2005] FCAFC 2 applied Rana v Repatriation Commission [2010] FCA 280 cited Rana v Repatriation Commission [2010] FCA 281 cited Servos v Repatriation Commission (1995) 56 FCR 377 referred to TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 considered Whiteman v Secretary, Department of Veterans' Affairs (1996) 69 FCR 510 considered
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate