Scott v Pedler [2002] FCA 164

FEDERAL COURT OF AUSTRALIA

Scott v Pedler [2002] FCA 164

RALPH SCOTT AND SOPHIE SCOTT v OFFICER TONI LEE-ANNE PEDLER, DEPARTMENT OF SOCIAL SECURITY, OFFICER JULIE A WILLIAMS, DEPARTMENT OF SOCIAL SECURITY AND AUTHORISED REVIEW OFFICER, ROBERTA CHRYSTAL, DEPARTMENT OF SOCIAL SECURITY V 652 of 2001

GRAY J 7 FEBRUARY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 652 of 2001

BETWEEN: RALPH SCOTT

FIRST APPLICANT

SOPHIE SCOTT

SECOND APPLICANT

AND: OFFICER TONI LEE-ANNE PEDLER, DEPARTMENT OF SOCIAL SECURITY

FIRST RESPONDENT

OFFICER JULIE A WILLIAMS, DEPARTMENT OF SOCIAL SECURITY

SECOND RESPONDENT

AUTHORISED REVIEW OFFICER, ROBERTA CHRYSTAL, DEPARTMENT OF SOCIAL SECURITY

THIRD RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 7 FEBRUARY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for leave to amend the statement of claim by the addition of par 27.1 be dismissed. 2. The applicants have leave to amend their reply by the addition of par 32 in the following terms: "They further say that: (A) Officers of the DSS misrepresented to them of the existence of the assessment, made allegedly in accordance with s. 116 of the Act, of 0% physical impairment of the second applicant under the Impairment Tables;

(B) they relied on the above stated misrepresentation until the end of 1996; (C) as the result of, inter alia, that reliance they were convinced that they could not appeal the 1993 DSP rejection without further medical evidence." 3. The applicants have leave to rely upon the joint affidavit of Ralph Scott and Sophie Scott sworn on 4 February 2002 and filed on 5 February 2002 and the exhibits thereto. 4. There be no order as to costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.