Repatriation Commission v Harrison, Albert Laurence & Anor [1997] FCa 956

FEDERAL COURT OF AUSTRALIA

ADMINISTRATIVE LAW - appeal from decision of Administrative Appeals Tribunal ("AAT") setting aside a decision of the Repatriation Commission to reduce the rate of service pension payable to the respondents - application of assets test - valuation of shares owned by respondents - where respondents sole shareholders in companies - where assets of companies were debts owed by respondents to the companies - whether appropriate to lift the corporate veil - whether assets test requires the net value of assets to be determined - where AAT attributed a nil valuation to respondents' shares - whether error of law in valuation exercise CORPORATIONS - where respondents sole shareholders in companies - where assets of companies were debts owed by respondents to the companies - whether appropriate to lift the corporate veil Veterans' Entitlements Act 1986 (Cth), ss 5L, 41-F1,52, 52C, 52CA Re King and Repatriation Commission (1990) 12 AAR 375, cited Salomon v Salomon & Co [1897] AC 22, applied Walker v Wimborne (1976) 137 CLR 1, cited Industrial Equity Ltd v Blackburn (1977) 137 CLR 567, cited Briggs v James Hardie & Co Pty Ltd (1989) 16 NSWLR 549, cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1995) 185 CLR 259, cited Secretary, Department of Social Security v Garvey (1989) 22 FCR 132, considered Melwood Units Pty Ltd v Commissioner of Main Roads [1979] AC 426, cited Leichhardt Municipal Council v Seatainer Terminals Pty Ltd (1981) 48 LGRA 409, cited REPATRIATION COMMISSION v ALBERT LAURENCE HARRISON and EVA LILIAN HARRISON NG 722 OF 1996 TAMBERLIN J SYDNEY 17 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 722 of 1996 ) GENERAL DIVISION )