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[1981] FCA 65
Federal Court of Australia
1981-05-20
Toohey J
Original judgment source is linked above.
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.) es. 10, 12, 16, 18. Repatriation Act (Cth.) as. 24, 28.
HELEN MAY CASSIN and JAMES WELLS as Executrix and Executor respectively of the Will of Daniel John ein v. JOHN BRENDAN COATS, WILLIAM KENT O'BRIBN and LESLIE PHENNA together comprising a Repatriation Board
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY No. G10 of 1981 GENERAL DIVISION
BETWEEN s HELEN MAY CASSIN AND JAMES WELLS as Executrix and Executor respectively of the Will of Daniel John Cassin
JOHN BRENDAN COATS, WILLIAM KENT O'BRIEN and LESLIE PHENNA together comprising a Repatriation Board
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
I certify that this page 1s a true copy of the Reasons for Judgment herein of his Honour Mr. Justice Toohey.