Secretary to Department of Social Security v. Read, C.C. [1987] FCA 99

~~: + @ Judgement No.

CATCHWORDS

SOCIAL SECURITY - reduction of pension in accordance with pensioner's "income" - definition of "income" in statute - whether literal reading produces absurdity - bonus units issued to pensioner holding interest in trust ~ whether bonus units "income" within definition - whether bonus units income in ordinary sense of word.

STATUTES - whether statutory definition should be applied - whether to be read down - implication in definition.

Social Security Act 1947, ss.18, 28

Secretary to the Department of Social Security v. Clara Caroline Read Qld GAS of 1986

FISHER, SPENDER AND PINCUS Jd. BRISBANE 10 MARCH 1987

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) OLD G95 of 1986 GENERAL DIVISION )

ON_APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY

Applicant AND: CLARA CAROLINE RFAD Respondent MINUTES OF ORDER JUDGE MAKING ORDER: FISHER, SPENDER AND PINCUS JJ. DATE OF ORDER: 10 MARCH 1987 - WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The decision of the Administrative Appeals Tribunal be set aside.

3. The matter be remitted to the Secretary to the Department of Social Security for reconsideration in accordance with the reasons for judgment of the majority.

NOTE: 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 G95 of 1986 GENERAL DIVISION )

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

BETWEEN : SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY Applicant AND: CLARA CAROLINE READ Respondent DATE JVDGMENT DELIVERED: 10 MARCH 1987 COUNSEL : for the applicant Mr. Greenwood @.C. with Mr. P. Dutney . for the respondent Mr. Davies Q.C. with Mr.