Angelakos v Secretary, Department of Employment and Workplace Relations [2007] FCA 25

FEDERAL COURT OF AUSTRALIA

Angelakos v Secretary, Department of Employment and Workplace Relations [2007] FCA 25

SOCIAL SECURITY – appeal from decision of Administrative Appeals Tribunal – where applicant overpaid parenting payment under Social Security Act 1991 (Cth) – where Tribunal member found no special circumstances arose and rejected claim for waiver of debt – whether Tribunal member applied correct legal test – meaning of 'special circumstances' – whether Tribunal member took an irrelevant matter into account by having regard to applicant's interest in real property and superannuation benefits payable in the future – whether Tribunal member failed to take into account a relevant matter in that the applicant had changed his financial position as a result of the overpayment. Held: 'special circumstances' distinguishable from the ordinary or usual case – Tribunal member applied correct test in circumstances – Tribunal member was entitled to consider applicant's interest in property and superannuation fund in considering the applicant's capacity to repay debt – Tribunal member did not fail to take into account a relevant matter – appeal dismissed. Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) ss 1223, 1236, 1237 Superannuation Industry (Supervision) Act 1993 (Cth) Beadle, Re v Director-General of Social Security (1984) 6 ALD 1 considered Beadle v Director-General of Social Security (1985) 60 ALR 225 considered Copperart Pty Ltd v Federal Commissioner of Taxation (1993) 26 ATR 327 cited David Securities Pty Ltd v Commonwealth Bank of Australia Ltd (1992) 175 CLR 353 cited Dranichnikov v Centrelink (2003) 53 ATR 270, considered Groth v Secretary, Department of Social Security (1995) 40 ALD 541 considered Giumelli v Giumelli (1999) 196 CLR 101 cited Jess v Scott (1986) 12 FCR 187 considered Lipkin Gorman (a firm) v Karpnale Ltd [1991] 2 AC 548 cited Plimmer v Wellington Corporation (1884) 9 App Cases 699 cited Riddell v Secretary, Department of Social Security (1993) 30 ALD 31 considered Ryde v Secretary, Department of Family and Community Services [2005] FCA 866 considered Secretary, Department of Social Security v Hales (1998) 82 FCR 154 considered TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 19 ATR 1067 cited Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 cited GEORGE ANGELAKOS v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS SAD 58 OF 2006