A v Repatriation Commission [1998] FCA 970

FEDERAL COURT OF AUSTRALIA Administrative Law - Veteran's entitlements - assessment of incapacity - whether error of law by Administrative Appeals Tribunal in not accepting a psychiatrist's assessment of the degree of incapacity - whether Tribunal erred in law in modifying the psychiatrist's assessment because the Tribunal found the veteran had exaggerated his incapacity. Administrative Law - application to extend time to appeal from decision of Administrative Appeals Tribunal - whether the proposed appeal has any prospect of success. Administrative Appeals Tribunal Act 1975, ss 44(1), 44(2A) Administrative Decisions (Judicial Review) Act 1977 (Cth), s 11 Federal Court of Australia Act 1976, s 50 Veterans' Entitlements Act 1986, s 21A, s 29(4) Apthorpe v Repatriation Commission (1987) 77 ALR 42 applied Associated Provincial Picture Houses v Wednesbury Corp. [1948] 1 KB 223 cited Comcare v A'Hearn (1993) 45 FCR 441 applied Hunter Valley Development Pty Ltd v Cohen (1984) 3 FCR 344 applied Kuljic v Secretary, Department Social Security (1994) 33 ALD 121 cited Paric v John Holland (Constructions) Pty Ltd (1985) 62 ALR 85 followed Pulhofer v Hillingdon London Borough Council [1986] 1 AC 484 cited Repatriation Commission v Tuite (1992) 37 FCR 571 cited Matter No. DG 1 of 1998 A v REPATRIATION COMMISSION VON DOUSSA J DARWIN 14 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY Dg 1 of 1998

BETWEEN: A

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: VON DOUSSA J

DATE OF ORDER: 14 AUGUST 1998

WHERE MADE: DARWIN

THE COURT ORDERS THAT: The application for extension of time be dismissed with costs against the applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.