Federal Court of Australia
CAELCHRORDS
ADMINISTRATIVE LAW - RepatrialLion - Review by Repatriation Commission of decision fixing effective date of determination accepting disability as due to war service - Whether Commission bound by statutory limitations binding maker of decision under review - Whether tule of policy applied without regard to merits of particular case - Whether irrelevant cansiderations taken into account - Whether a failure ta take into account relevant considerations.
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Administrative Decisions (Judicial Review) Act 1977,
Repalriation Acr 1929, ss.31, 1LOVVM, LOVVEZG
ANDREW CHRISTOPHER HANLEY v. THE REPATRIATION COMMISSION
No. ACT G 93 of 1983
CORAM: Neaves gd.
14 December 19984
Canberra
iN THE FEDERAL COURT OF AUSTRALIA)
AUSTRALIAN CAPITAL TERRITORY No. ACT G 93 of 1983
DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN : ANDREW CHRISTOPHER HANLEY Applicant AND: THE REPATRIATION COMMISS LON Respondent ORDER
JUDGE MaKING ORDER 2 Neaves J.
DATE OF ORDER : 14 December 1984
WHERE MADE : Canberra
THE COURT ORDERS THAT:
1. The application be dismissed
2. The applicant pay the respondent's costs of
the application.
IN THE FEDERAL COURT OF AUSTRALIA)
AUSTRALIAN CAPITAL TERRITORY
No. ACT G 93 of 1983 DISTRICT REGISTRY
~~ er werws
GENERAL DIVISION
BETWEEN : ANDREW CHRISTOPHER HANLEY Applicant
AND: THE REPATRIATION
COMMISSION
Respondent
CGRAM: Neaves J.
DATE: 14 December 1984
REASONS FOR JUDGMENT
NEAVES J. This is an application by Andrew Christopher Hanley ("the applicant") under section 5 of the
Administrative Decisions (Judicial Review) Act 1977
("the Judicial Review Act") for an order of review in respect of a decision of Mr Frederick William Bell, a
delegate of the Repatriation Commission ("the Commission"), made on 13 September 1983 affirming that
the effective date of the applicant's incapacity resulting from duodenal ulcer be 23 June 1978. The decision also affirmed thac date as the effective date
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