Federal Court of Australia
\ . Jupew ENT NoASAb Limeum
CATCHWORDS Administrative Decisions Judicial Review Legislation - Administrative Administrative Decisions (Judicial Review) Act
1977 (Cth) - Decision "under an enactment" - Decision whether Commonwealth to
rely on limitation defence to action for damages for personal injury not.
Administrative Decisions (Judicial Review) Act 1977 - 5s.3(1) (definition of "decision to which this Act applies")
Baker v. Campbell (1982) 44 A.L.R. 431
Hawker Pacific Pty. Ltd. v. Freeland (1983) 52 A.L.R. 185
COLIN BERTRAM DIXON v.
THE ATTORNEY-GENERAL and THE MINISTER FOR VETERANS' AFFAIRS
No. VG137 of 1987
Jenkinson J. Melbourne 24 August, 1987
--{ 25 AUG 1987 i] \- \ FEDERAL Count OF 2.
"y AUSTRALIA
- RINCIPAL ' AEGISTAY nat Rr
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIAN DISTRICT REGISTRY ) No. VG137 of 1987 GENERAL DIVISION )
BETWEEN
COLIN BERTRAM DIXON Applicant
AND: THE ATTORNEY-GENERAL and
THE MINISTER FOR
VETERANS' AFFAIRS
Respondents
CORAM: Jenkinson J.
DATE: 24 August, 1987
REASONS FOR JUDGMENT
Hearing of objections to the competency of applications
for orders of review under the Administrative Decisions (Judicial Review) Act 1977.
There is, and at material times was, pending in the
Supreme Court of New South Wales an action in which the applicant in this proceeding sues the Commonwealth of Australia for damages in respect of personal injuries alleged to have been sustained by him in 1965 and to have been caused by negligence on the part of the Commonwealth and of servants and agents of the Commonwealth. The injuries are also alleged to have been caused by acts of trespass to the applicant's person; and it is alleged that breaches of the applicant's contract of employment by the
Commonwealth as a member of the Australian Military Forces
resulted in those injuries and in the consequent damage. The action had been commenced in the High Court of Australia and was by that Court remitted, pursuant to 5.44(1) of the Judiciary Act 1903, to the Supreme Court of New South Wales on 3 September 1984. On 6 May 1987 a defence in the action was delivered to the applicant's solicitor in the action. Paragraphs 3 and 4 of that
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