Federal Court of Australia
ra A LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No G 620 of 1986
GENERAL DIVISION
eee ee
Between: SECRETARY OF THE DEPARTMENT OF SOCIAL SECURITY
Appellant
And: VAN LUC HO
CORAM Einfeld J.
12 March 1987 5 PR 1987
FEDBRAL COURT, OF AUSTRALIA
INGIPAL AEGISTAY
DATE
EX-TEMPORE JUDGMENT
This is an application by the appellant Secretary for a stay of a judgment of the Administrative Appeals Tribunal ("the Tribunal") given on 28 November 1986 that a decision by the Department of Social Security to refuse entitlement to family allowance to the respondent should be
set aside and reconsidered in the light of the reasons given by the
Tribunal. >
~
The Secretary of the Department has appealed from that determination of the Tribunal by its amended notice of appeal filed in court' today. Three matters arise for determination on that appeal, two of them from the meaning of the words "custody care and control" in section 6 and section 95 of the Social Security Act 1947 ("the Act"). The other
ground of appeal alleges that the decision of the Tribunal was
unreasonable and failed to take into account a relevant consideration. Nothing was advanced before me suggesting that the cogency of the last-—
mentioned ground was relevant to the issue of the application for the
stay. It was not argued at all.
Today's application for a stay of the Tribunal's decision is intended to achieve no payments of money to the respondent until the determination of the appeal by this court. There 1s no doubt that if the appeal had substantial merit on its face, a stay would ordinarily be granted, as success in the appeal will mean that no moneys are payable to the respondent. In this particular case one reason for granting the stay would be that the amount immediately payable to the respondent following upon the decision of the Tribunal is, I am informed, in excess of $7,000 and the monthly amount payable hereafter would be $270. If paid to the respondent now, it 1s said that he might have some difficulty repaying
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