Baker, W.G. v Australian Telecommunication Commission [1987] FCA 333

CATCHWORDS

Administrative Law \i- Compensation

(Commonwealth Government

Employees) Act - recovery of overpayment - review of decision

determining rate of repayment.

Administrative Decisions (Judicial Review) Act 1977

Compensation (Commonwealth Government Employees) Act 1971

Minister for Aboriginal Affairs & Anor. v.

Peko Wallsend & Ors. (1986) 66 A.L.R. 299

No. G89 of 1986

WILLIAM GREGORY BAKER v. AUSTRALIAN TELECOMMUNICATION COMMISSION

FORSTER, J. ADELAIDE

26 JUNE, 1987

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IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G89 of 1986 ) GENERAL DIVISION )

BETWEEN:

WILLIAM GREGORY BAKER Applicant

- and -

AUSTRALIAN TELECOMNMUNICATION COMMISSION -

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER 3 FORSTER J.

WHERE MADE

ADELAIDE

DATE OF ORDER

26 JUNE 1987

THE COURT ORDERS THAT:

1. The decision of the respondent made on 8 December 1986 to deduct $127-89 per week from the compensation payable to the applicant be quashed. 2. The order quashing the decision of 8 December 1986 operate from 8 December 1986. 3.(a) the respondent within 42 days of this day determine according to law the rate of deductions to be made from compensation payable to the applicant from 8 December 1986;

(b) should the amount of the deductions in fact made between

8 December 1986 and today exceed the total to be deducted in

Set ny

wre errr

AL _3

2. accordance with the decision to be made pursuant to sub-paragraph (a) in respect of that period, the respondent shall not make any deductions to be made after this day until the amount of any excess has been exhausted;

(c) should the amount of deductions in fact made between 8 December 1986 and today be less than the total to be deducted in accordance with the decision to be made pursuant to sub-paragraph {a) in respect of that period, the respondent shall not increase the amount deducted from the compensation payable to the applicant beyond the amount determined pursuant to sub-paragraph (a).