McBay, M.D. v. Director-General of Social Security [1985] FCA 34

34 CATCHWORDS

ADMINISTRATIVE LAW - Social security - Invalid pension - Appeal

from Administrative Appeal Tribunal - Appellant fit only for selected duties - No evidence that such duties available - Uncontradicted evidence as to absence of suitable employment - Whether Tribunal bound to act on such evidence - Whether appellant 'permanently incapacitated for work' - Whetner

appellant entitled as a matter of law to a grant of a pension.

MURRAY DOUGLAS McBAY V DIRECTOR-GENERAL OF SOCIAL SECURITY

G.35 OF 1983

Social Security Act 1947 ss.23, 24

Administrative Appeals Tribunal Act 1975 s,.44

Re Panke and Director-General of Sociai Security (1981) 4 ALD

applied

WILCOX J 15 FEBRUARY 1985 SYDNEY

te SI

IN THE FEDERAL COURT OF AUSTRALTA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.35 of 1983 ) )

GENERAL DIVISION

BETWEEN : MURRAY DOUGLAS McBAY Appellant AND: DIRECTOR-GENERAL OF SOCIAL SECURITY "Respondent

ORDERS CORAM WILCOX J DATE 15 FEBRUARY 19385 PLACE SYDNEY

THE COURT ORDERS THAT:

i. The appeal be allowed.

bo

- The decision of the respondent to refuse the application of the appellant be set aside and the application be remitted to

the respondent for reconsideration in accordance with a direction

to treat the applicant as being permanently incapacitated for work and ac haying been sa incapacitated since the date af the application.

3. Leave is reserved to both parties for either to apply te the Administrative Appeals Tribunal for such directions as may be

appropriate or necessary with regard to any benefits, other than

an invalid pension, received by the appellant under the Socia

Security Act 1947 since the date of the said that extent and for that purpose, the matter Administrative Appeals Tribunal.

4, The respondent pay the costs of the

appeal to this Court.

application and, to

is remitted to the

appellant of the