Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISTON
No. G279 of 1987
ON APPEAL from the General Administrative Division of the Administrative Appeals Tribunal constituted by the Honourable Mr.Justice Hartigan (President)
BETWEEN : ALAN GEORGE SKYRING
Applicant AND:
SECRETARY, DEPARTMENT OF SOCTAL SECURITY
Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER: Fox, DATE _OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. No order be made on the competency.
12 April 1988
Brisbane.
Sheppard & Beaumont JJ.
notice of motion in respect of
3. The applicant pay the respondent's costs of the appeal.
&
Note:
No order be made as to costs on the notice of motion.
Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
NOT FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA ) ) LAND DISTRICT REGISTRY ) No. G279 of 1987 ) GENERAL DIVISION )
ON APPEAL from the General Administrative Division of the Administrative Appeais Tribunal constituted by the Honourable Mr.Justice Hartigan (President)
BETWEEN :
ALAN GEORGE SKYRING Applicant
AND:
SECRETARY, DEPARTMENT. OF SOCIAL SECURITY
Respondent CORAM: FOX, SHEPPARD & BEAUMONT JJ. DATE: 12 APRIL 1988 REASONS FOR JUDGMENT EX TEMPORE FOX J. We have before us two applications. One is an
application to hold as not competent an appeal brought by the applicant, Mr Skyring, from a decision of the Administrative Appeals Tribunal which rejected an appeal by him from the Social Security Appeals Tribunal. The other is the appeal itself, which
although so-called in the Administrative Appeals Tribunal. Act 1975, is a proceeding in the original jurisdiction of the Court. In that proceeding the Court can only decide questions of law.
The matters in question were really two. One is whether
by reason of what was taken to be a receipt of money by Mr Skyring, the pension payable to him should have been as it was, appropriately adjusted for the month or months in question. This
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