Turner v Minister for Immigration and Ethnic Affairs

[1981] FCA 65

Re: HELEN MAY CASSIN AND JAMES WELLS as Executrix and Executor respectively of
the Will of DANIEL JOHN CASSIN
And: JOHN BRENDAN COATS; WILLIAM KENT O'BRIEN and LESLIE PHENNA together
comprising a Repatriation Board
No. WA G10 of 1981
Administrative law

COURT

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
Toohey J.

CATCHWORDS

Administrative law - decision of Repatriation Board refusing a pension - application for judicial review - whether Court should refuse to grant application because of right of appeal - joinder of parties.

Administrative Decisions (Judicial Review) Act 1977 (Cth.) ss. 10, 12, 16, 18.

Repatriation Act (Cth.) ss. 24, 28.

HEARING

PERTH

#DATE 20:5:1981

JUDGE1

This application raises precisely the same issues as were argued in Kelly v. Coats, O'Brien & Phenna in which I have just delivered reasons for decision.

Counsel for the applicant and the respondents were content to rely upon the submissions made in the earlier application. I adopt my reasons in that matter and for those reasons conclude that the applicant should not be debarred from pursuing her application under the Administrative Decisions (Judicial Review) Act 1977.

I shall hear counsel as to the directions I should give in the light of these reasons.