Resch, G. v Department of Veterans Affairs [1986] FCA 631

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G53 of 1986 GENERAL DIVISION )

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DEPUTY PRESIDENT A.N. HALL

BETWEEN: GEORGE RESCH Applicant

AND: DEPARTMENT OF VETERANS AFFAIRS

Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 15 DECEMBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be struck out.

2. The applicant pay the respondent's costs of and incidental to the proceedings, to be taxed, including reserved costs.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G53 of 1986 GENERAL DIVISTON )

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

CONSTITUTED BY DEPUTY PRESIDENT A.N. HALL

BETWEEN: GEORGE RESCH Applicant AND: DEPARTMENT OF VETERANS AFFAIRS

Respondent

PINCUS J. 15 DECEMBER 1986

EX _TEMPORE REASONS FOR JUDGMENT

The applicant has purported to appeal from a decision of Deputy President Hall delivered on 11 April 1986. The application to Deputy President Hall was for an order with respect to the refusal of the department to review what was said to be an error

in the applicant's medical records.

When the purported appeal was filed, an application was made by notice of motion to strike it out as incompetent. The applicant has filed material in response to that notice of motion, which I have read, and has, on more than one occasion, argued his case. The point which is taken by the respondent is that the purported notice of appeal is not such a document as is

contemplated by s.44(1) of the Administrative Appeals Tribunal Act

because it is not an appeal on a question of law.

The notice of appeal commences as follows: