Toomer v Slipper [2001] FCA 981

FEDERAL COURT OF AUSTRALIA

Toomer v Slipper [2001] FCA 981

ADMINISTRATIVE LAW – review of decision made by delegate of Minister for Finance and Administration – decision to deny request for act of grace payment pursuant to s 33 of Financial Management and Accountability Act 1997 (Cth) – alleged breach of natural justice – error of law – improper exercise of power – failure to take into account relevant considerations

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5, s 13 Financial Management and Accountability Act 1997 (Cth) s 33 Kioa v West (1985) 159 CLR 550 referred to FAI Insurances Ltd v Winneke (1982) 151 CLR 342 referred to Dunstan v Farr [2001] 60 ALD 192 referred to Wu v Attorney General (1997) 79 FCR 303 at 307 referred to Jess v Scott (1986) 12 FCR 187 referred to Preston v Carmody (1993) 44 FCR 1 at 13-14 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 39-41 applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 at 21-22 referred to Craig v South Australia (1995) 184 CLR 163 at 179 referred to Abebe v Commonwealth (1999) 197 CLR 510 at 587 referred to Attorney-General (NSW) v Quin (1990) 170 CLR 1 at 33 and 35 –36 referred to WILLIAM FREDERICK TOOMER v PETER NEIL SLIPPER V503 of 2000 WEINBERG J 26 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V503 OF 2000

BETWEEN: WILLIAM FREDERICK TOOMER

APPLICANT

AND: PETER NEIL SLIPPER

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 26 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.