Repatriation Commission v Nugent [2003] FCA 1184

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Nugent [2003] FCA 1184 PRACTICE AND PROCEDURE - application for extension of time to appeal from a decision of the Administrative Appeals Tribunal - measurement of time from which to appeal - explanation for delay VETERANS AFFAIRS - entitlements - whether Administrative Appeals Tribunal made an error of law - veteran's capacity to undertaken remunerative work - deaf Veterans' Entitlements Act 1986 (Cth) s 24, s 28 Administrative Appeals Tribunal Act 1975 (Cth) s 43(2), s 43(2B) Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 applied Secretary, Department of Social Security v Van Den Boogarart (1995) 37 ALD 619 cited Comcare v A'Hearn (1993) 45 FCR 441 (FC) cited Collector of Customs v Pozzolanic (1993) 43 FCR 280 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Baxter Healthcare Pty Limited v Comptroller-General of Customs (1997) 72 FCR 467 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 applied Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 cited Lucic v Nolan (1982) 45 ALR 411 cited REPATRIATION COMMISSION v CHARLES NUGENT Q78 OF 2003 COOPER J BRISBANE 27 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q78 OF 2003

On appeal from the Veterans' Appeals Division of the

Administrative Appeals Tribunal constituted by Senior Member K L Beddoe

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: CHARLES NUGENT

RESPONDENT

JUDGE: COOPER

DATE OF ORDER: 27 OCTOBER 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs of and incidental to the application, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.