Kelly, Mona Olive v. Coats, John Brendan & Ors [1981] FCA 62

CATCHWORDS

Administrative law - decision of Repatriation Board refusing a pension - application for judicial review - whether Court should refuse to grant

application because of right of appeal - joinder of parties.

Administrative Decisions (Judicial Review) Act 1977 (Cth.) ss. 10, 12, 16, 18. Reptriation Act (Cth.) ea. 24, 28

MONA OLIVE KELLY v. JOHN BRENDAN COATS, WILLIAM KENT O'BRIEN and LESLIE PHENNA together comprising a Repatriation Board

No. WA G9 of 1981

TOOHEY J. PERTH 20 MAY 1981

RECEIVED — 1 JUN 198}

FEDERAL Count oF /—

' AUSTRALIA . PRINCIPAL mecisTRY N

N, -_—

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY No. G9 of 1981 GENERAL DIVISION

MONA OLIVE KELLY

~ Applicant

JOHN BRENDAN COATS, WILLIAM KENT O'BRIEN and LESLIE PHENNA together comprising a Repatriation Board

- Respondents REASONS FOR DECISION TOOHEY J.

20 May 1981

The applicant seeks a hearing of an application under the Administrative Decisions (Judicial Review) Act 1977 to review a decision of a Repatriation Board refusing her a pension. There 1s no argument that this is a decision to which the Act applies.

Pursuant to s.28 of the Repatriation Act 1920, she has lodged a notice of appeal to the Repatriation Commission from that decision.

The Judicial Review Act contemplates that such a situation may arise and s.10(1)(a) makes clear that the rights conferred by the Act are in addition to and not in derogation of other rights of review, whether by a court or tribunal. Nevertheless, this Court may, in its discretion, refuse to grant an application under the Judicial Review Act

1f adequate provision is made elsewhere for a review of the decision

(s.10(2)(b)(42)).

2.

One starts with the proposition that an applicant may rely upon any or all of the remedies available, review by this Court and review or appeal elsewhere. The discretion 1n s.10(2)(b) is one to refuse the application. No doubt in the exercise of its inherent powers the Court may adjourn an application pending the determination of an appeal. .