Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zambini v Secretary, Department of Employment and Workplace Relations [2006] FCA 1773
PRACTICE AND PROCEDURE – appeals – Federal Court Rules O 52 r 18 – application for summary dismissal of appeal. Held: Appeal dismissed. Administrative Appeals Tribunal Act 1975 (Cth), s 44 Federal Court of Australia Act 1976 (Cth), s 25(2B)(aa) PETER ZAMBINI v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS SAD 253 OF 2006
MANSFIELD J
11 DECEMBER 2006
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 253 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: PETER ZAMBINI
Appellant
AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE: MANSFIELD J
DATE OF ORDER: 11 DECEMBER 2006
WHERE MADE: ADELAIDE
ON THE RESPONDENT'S NOTICE OF MOTION OF 16 NOVEMBER 2006THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay to the respondent his costs of the appeal, including the costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 253 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: PETER ZAMBINI
Appellant
AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE: MANSFIELD J
DATE: 11 DECEMBER 2006
PLACE: ADELAIDE
REASONS FOR JUDGMENT 1 Mr Zambini has for some years received benefits under the Social Security Act 1991 (Cth) (the Act). He received sickness benefits between 11 August 1993 and 17 October 1995, and has received disability support pension from 19 October 1995 to the present time. He says he did not want, and does not want, those benefits and that they were granted to him in error. 2 The decision to grant him those benefits was affirmed by the Administrative Appeal Tribunal (the Tribunal). Mr Zambini appealed from that decision. An appeal from that Tribunal lies to this Court for error of law only: s 44, Administrative Appeals Tribunal Act 1975 (Cth). On 16 October 2006 a judge of this Court ruled that there was no error of law in the decision of the Tribunal to affirm the decisions under the Act to grant Mr Zambini those benefits, and to continue to make available to him the disability support pension. 3 Mr Zambini has now appealed to the Full Court of this Court from that decision of 16 October 2006.
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