Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sleep v Repatriation Commission [2007] FCA 859
ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – where applicant receiving service pension – where applicant owned motor vehicle and trailer – whether vehicle and trailer personal property which should be disregarded under s 52(1) of the Veterans' Entitlements Act 1986 (Cth) – where vehicle and trailer not designed or modified specifically for use by a disabled person – whether payment of recreation transport allowance inconsistent with motor vehicle and trailer being included in assets test. Held: vehicle and trailer do not fall within the terms of s 52(1)(k) and (l) of the Veterans' Entitlements Act 1986 (Cth) – assets not designed or modified for use by disabled person do not fall within exception in s 52(1) of Veterans' Entitlements Act 1986 (Cth) merely as a result of the intention of owner or disabled person – payment of recreation transport allowance not inconsistent with motor vehicle and trailer being included in assets test – application dismissed. Administrative Appeals Tribunal Act 1975 (Cth) s 44 Veterans' Entitlements Act 1986 (Cth) ss 5L, 52(1), 80, 103 Perrone; Re v Secretary, Department of Family and Community Services [2004] AATA 775 referred to KENNETH JOHN SLEEP v REPATRIATION COMMISSION SAD 50 OF 2007
BESANKO J
6 JUNE 2007
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 50 OF 2007
BETWEEN: KENNETH JOHN SLEEP
Applicant
AND: REPATRIATION COMMISSION
Respondent
JUDGE: BESANKO J DATE OF ORDER: 6 JUNE 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate