Commissioner of Superannuation v Hastings, R.J. [1986] FCA 321

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IN THE FETERAL COUPT OF AUSTEALTA 1

VICTORIA DISTRICT REGISTRY ) Ve. tin. G 149 cf 1925 SENERAL DIVISION ' SETWEEN COMMTESIONER POR SUPERANNUATION Applicant and ROY JAMES HASTINGS Respondent

COURT: NORTHPOP J.

DATE: 11 JULY 1986

PLACE: MELBOURNE

~5 AUG 1986

b COURT OF AUSTRALI/

THE COURT ORDERS THAT: -

1. Upon the Commissioner for Superannuation wyaying ints fourt within seven days the sum of $55,674.52 to await the outcome of the hearing and determination of this appeal, the decision of the Administrative Appeals Tribunal given herein on 7 April 1396 Le stayed, insofar as it relates to arrears of pension to 7 April 1596, until the hearing and determination of the apreal or until further order.

2. The said decision, aunsofar as ait relates to those arrears, be stayed until 21 July 1986.

3. Costs of the motion be costs in the cause. ry fad ba iT

Settlement and entry of Orders is dealt with in 0.36 Rules of Court.)

* Not considered appropriate for further distribution.

Til THE FEREPAL TOUPRT OF AUETPALTA )

VICTOPIA DISTRLTTT PESTETEY } T. No. G 140 of 1336€

GLUEFAL DIVISION )

BETWEEN :

COMMISSIONEP FOR SUPERANNUATION Applicant and ROY JAMES HASTINGS Respondent

COUFT: NORTHROP J.

DATE: 11 JULY 1986

PLACE: MELEOUPNE

EX TEMPORE REASONS FOR JUDGMENT

There 1s before the Court a motion under s.444 of

the Administrative Appeals Tribunal Act 1975 for an order

that until the hearing and determination of the appeal, or

further order, the decision of the Administrative Appeals Tribunal given at Adelaide on 7 April 1986 not operate or he implemented insofar as it requires the payment by the applicant, the Commissioner for Superannuation, to the respondent of arrears cf invalidity due in respect of the

period prior to 7 April 1986.

The appeal to this Court 15 from a decision of the

Tribunal made in relation to matters arising with respect ta