Collins v Administrative Appeals Tribunal (No 2)

[2007] FCAFC 116

FEDERAL COURT OF AUSTRALIA

Collins v Administrative Appeals Tribunal (No 2) [2007] FCAFC 116

EILEEN COLLINS v REPATRIATION COMMISSION
NSD 2115 OF 2006

LINDGREN, EMMETT & ALLSOP JJ
1 AUGUST 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2115 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	EILEEN COLLINS Appellant
AND:	REPATRIATION COMMISSION Respondent

JUDGES:	LINDGREN, EMMETT & ALLSOP JJ
DATE OF ORDER:	1 AUGUST 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

There be inserted into the orders made on 27 July 2007 the further order that:

1AThe decision of the Administrative Appeals Tribunal dated 29 September 2006 be set aside.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2115 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	EILEEN COLLINS Appellant
AND:	REPATRIATION COMMISSION Respondent

JUDGES:	LINDGREN, EMMETT & ALLSOP JJ
DATE:	1 AUGUST 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 27 July 2007 the Court made orders allowing the appeal in this matter.  By way of oversight the Court failed to make an order setting aside the decision of the Tribunal.  This order should have been made to enable the Appeal to be undertaken by the Tribunal according to order 2 made on that day.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Lindgren, Emmett & Allsop.

Associate:

Dated:       1 August 2007

Counsel for the Appellant:	Mr M Vincent
Solicitor for the Appellant:	Dibbs Abbot Stillman
Counsel for the Respondent:	Ms K Eastman
Solicitor for the Respondent:	Australian Government Solicitors
Date of Hearing:	27 July 2007
Date of Judgment:	1 August 2007