Secretary, Department of Social Security v Pusnjak [1999] FCA 994

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Social Security v Pusnjak [1999] FCA 994

SOCIAL SECURITY - interpretation of s 94 - continuing inability to work - Court's role in interpreting sections that are obscure or result in absurdity or unreasonableness WORDS AND PHRASES - s 94 Social Security Act 1991 (Cth) - "continuing inability to work" Social Security Act 1991 (Cth), s 94 Acts Interpretation Act 1901 (Cth), s 15AB Social Security (Disability and Sickness Support) Amendment Act 1991 (Cth), No 141 of 1991 Social Security Legislation Amendment Act (No 1) 1995 (Cth), No 104 of 1995 Re Loknar (1993) 30 ALD 412, disapproved Saraswati v The Queen (1991) 172 CLR 1, cited Whittaker v Comcare (1998) 28 AAR 55, cited Hospital Benefit Fund of Western Australia Inc v Minister for Health (1992) 111 ALR 1, cited Freeman v Secretary, Department of Social Security (1988) 19 FCR 342, cited SECRETARY, DEPARTMENT OF SOCIAL SECURITY v MARIJAN PUSNJAK QG 63 of 1998 DRUMMOND J 22 JULY 1999 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 63 OF 1998

BETWEEN: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Applicant

AND: MARIJAN PUSNJAK

Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 22 JULY 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. Further consideration of the matter be adjourned to enable the parties to consider whether consequential orders need be made.

3. Liberty be given to the parties to apply on notice to bring the matter back before the Court.

THE COURT ORDERS BY CONSENT THAT:

1. There be no order as to costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 63 OF 1998