Plumb v Comcare

Case [1992] FCA 903

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Details
AGLC
Plumb, C.B. v Comcare [1992] FCA 903 ((1992) 17 AAR 1; (1992) 39 FCR 236)
Case
[1992] FCA 903
Decision Date

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Orders

Orders of the court

THE COURT ORDERS THAT:

(1) it be declared that the Administrative Appeals Tribunal has jurisdiction to review the determinations of D. Viquearat, a delegate of Comcare, made on 21 August 1990;

(2) the decision of the General Division of the Administrative Appeals Tribunal constituted by the Honourable Mr Justice Moss, given on 14 February 1992 at Sydney, whereby the Tribunal decided that in respect of the determinations mentioned in (1) above that it was functus officio, be set aside;

(3) the matter be remitted to the Administrative Appeals Tribunal to be heard and determined by it; and

(4) the respondent pay the applicant's costs of this appeal.

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

Background

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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