Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Godwin v Repatriation Commission [2008] FCA 576 VETERANS' ENTITLEMENTS – Veterans' Entitlements Act 1986 (Cth) – decision of Administrative Appeals Tribunal – subsequent s 31 review decision – s 31 review not beyond power – evidence before Commission "false" – "matter" may include new evidence – no res judicata or estoppel – no misuse of the s 31 power of review
Administrative Appeals Tribunal Act 1975 (Cth) s 43(6) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6, 10(2)(b) Veterans' Entitlements Act 1986 (Cth) ss 31, 178(1) Administration of the Territory of Papua New Guinea v Daera Guba (1973) 130 CLR 353 cited Browne v Dunn (1893) 6 R 67 cited Davis v Repatriation Commission (1997) 74 FCR 577 followed Hanna v Australian Postal Corporation (1990) 12 AAR 511 considered Lilienthal v Migration Agents Registration Authority [2001] FCA 2 cited Midland Metal Overseas Limited v Comptroller-General of Customs (1991) 30 FCR 87 followed Minister for Immigration & Multicultural Affairs v Eshetu [1999] HCA 21 considered Murphy v Farmer (1988) 165 CLR 19 followed Musgrave v Martin [2003] FCA 920 followed Repatriation Commission v Richardson [2001] FCA 1626 followed W J & F Barnes Pty Ltd v Federal Commissioner of Taxation (1957) 96 CLR 294 followed JOHN ROBERT GODWIN v REPATRIATION COMMISSION NSD 1886 OF 2007
FLICK J
30 APRIL 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1886 of 2007
BETWEEN: JOHN ROBERT GODWIN
Applicant
AND: REPATRIATION COMMISSION
Respondent
JUDGE: FLICK J DATE OF ORDER: 30 APRIL 2008
WHERE MADE: SYDNEY
THE ORDERS OF THE COURT ARE:
1. Application dismissed. 2. The Applicant to pay the costs of the Respondent of and incidental to the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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