Federal Court of Australia
JUDGMENT No. 7387.82.
CATCHWORDS
Superannuation - Commonwealth - deemed invalidity - eligible employee (applicant) purported to resign from employment on medical grounds - applicant also applied for and in receipt of
pension under Repatriation Act 1920 - whether applicant should be deemed to have retired on ground of invalidity - nature of discretion of Commissioner for Superannuation.
Superannuation Act 1976, ss.7, 54. Administrative Appeals Act 1975 ss.43,44.
ERNEST SYDNEY SCOTT v. COMMISSIONER FOR SUPERANNUATION
No. G203 of 1987
NEAVES, BEAUMONT AND GUMMOW JJ.
SYDNEY
23 DECEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G203 of 1987 ) GENERAL DIVISION )
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: ERNEST SYDNEY SCOTT
Applicant
AND: COMMISSIONER FOR SUPERANNUATION
Respondent
COURT: NEAVES, BEAUMONT AND GUMMOW JJ.
DATE ORDER MADE: 23 DECEMBER 1987 WHERE MADE: SYDNEY THE COURT ORDERS: l. The appeal be allowed with costs.
2. The decision of the Administrative Appeals Tribunal dated 10 April 1987 be set aside; in lieu thereof that the decision of the Commissioner for Superannuation be set aside with a direction that the
Commissioner give an appropriate direction under s.7(2).
Note: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 203 of 1987
GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN : ERNEST SYDNEY SCOTT Applicant AND: COMMISSIONER FOR SUPERANNUATION Respondent
CORAM: Neaves, Beaumont and Gummow JJ.
DATE: 23 December 1987
REASONS FOR JUDGMENT
NEAVES J.
This is an application by Ernest Sydney Scott by way of appeal from a decision of the General Administrative Division of the Administrative Appeals Tribunal ("the Tribunal") given on 10 April 1987 affirming a decision of a delegate of the Commissioner for Superannuation ("the Commissioner") made on 4 March 1983, and subsequently confirmed by the Commissioner, refusing to exercise favourably to Mr Scott the discretion conferred by sub-s.7(2) of the
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