Adamou, S. v. Director-General of Social Security [1985] FCA 81

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CATCHWORDS

ADMINISTRATIVE LAW - Social security - Invalid pension - Appeal from Administrative Appeals Tribunal - Organic and non-organic disabilities - Evidence of possibility of improvement in non-organic disabilities following new treatment - Whether such evidence negatives likelihood of permanent incapacity - Finding that appellant capable of carrying out carpentry work not involving heavy duties - Failure of Tribunal to consider availability of such work for a person in the position of the appellant - Courses open to the Tribunal when evidence

inadequate.

Social Security Act 1947 ss. 23, 24 Administrative Appeals Tribunal Act 1955 ss. 33, 45

McDonald v Director-General of Social Security (1984) 1 FCR 354, Re Panke and Director-General of Social Security (1981) 4 ALD 179

applied.

SAVVAS ADAMOU V DIRECTOR-GENERAL OF SOCIAL SECURITY G.348 OF WILCOX J 11 MARCH 1985 SYDNEY

IN THE FEDERAL COURT OF AUSTRALTA

NEW SOUTH WALES DISTRICT REGISTRY No. G.348 of 1983

ee eed

GENERAL DIVISION

BETWEEN : SAVVAS _ADAMOU Appellant AND: DIRECTOR-GENERAL OF SOCIAL SECURITY Respondent ORDERS CORAM: WILCOX J DATE: 11 MARCH 1985 PLACE: SYDNEY -THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal to

dismiss the appeal to it of the appellant be set aside and the case be remitted to the Tribunal to be heard and decided again, with the hearing of such further evidence as either party may wish to adduce, by the Tribunal in accordance with this decision.

3. The respondent pay the costs of the appellant of the

appeal to this Court.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.348 of 1983

wee eee

GENERAL DIVISION

BETWEEN : SAVVAS ADAMOU Appellant AND: DIRECTOR-GENERAL OF SOCIAL SECURITY Respondent

REASONS FOR JUDGEMENT

CORAM: WILCOX J DATE: 11 MARCH 1985 PLACE: SYDNEY