Secretary Department of Housing and Construction v Robert Keith Wildman & anor [1984] FCA 401

40 \ CATCHWORDS

Administrative Law - Appeal from Administrative Appeals Tribunal - Grant under Home Deposit Assistance Act 1982 —- Contract for purchase of a dwelling - Discretion to determine date of contract.

Administrative Appeais Tribunal Act 1975 5.44

Home Deposit Assistance Act 1982 55.3, 15

SECRETARY, DEPARTMENT OF HOUSING AND CONSTRUCTION

Vv.

ROBERT KEITH WILDMAN and KIM SUSAN WILDMAN

No. TG 3 of 1984

Bowen Cd, Northrop and Everett JJ. Hobart

23 November 1984

IN_THE FEDERAL COURT OF AUSTRALIA

) ) TASMANIA DISTRICT REGISTRY ) No. TG 3 of 1984 ) )

GENERAL DIVISION

ON_APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY THE PRESIDENT THE HONOURABLE MR. JUSTICE DAVIES

BETWEEN:

SECRETARY, DEPARTMENT OF

HOUSING AND CONSTRUCTION Applicant

and

ROBERT KEITH WILDMAN and

KIM SUSAN WILDMAN Respondents CORAM: Bowen Cd, Northrop and Everett dd. DATE: 23 November 1984 PLACE: Hobart

ORDER

THE COURT ORDERS THAT: i. The appeal be dismissed.

2. The Applicant pay the Respondents' costs of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA

) ) TASMANIA DISTRICT REGISTRY ) No. TG 3 of 1984 ) )

GENERAL DIVISION

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY THE PRESIDENT THE HONOURABLE MR. JUSTICE DAVIES

BETWEEN : SECRETARY, DEPARTMENT OF HOUSING AND CONSTRUCTION Applicant and ROBERT KEITH WILDMAN and KIM SUSAN WILDMAN Respondents CORAM: Bowen CJ, Northrop and Everett JJ. DATE: 23 November 19B4 PLACE: Hobart

REASONS FOR JUDGMENT

THE COURT: The Secretary, Department of Housing and Construction, has appealed, on a question of law, from a decision of the Administrative Appeals Tribunal constituted by the President of the Tribunal determining that the date of

a contract for the purposes of s.15 of the Home Deposit

Assistance Act 1982 ("the Act") was 4 August 1982. The