Howard v Batistich [2019] FCA 525
The Tribunal properly identified and applied the statutory question of whether the trustee's determination was fair and reasonable, provided adequate reasons based on the evidence and material before it, and did not err in its construction of the term 'de facto partner' or in its application of the statutory criteria; therefore, the grounds for appeal were not made out.
- Jurisdiction
- Australia
- Judgment Date
- 15 April 2019
- Procedural Posture
- Appeal on a Question of Law / Judgment on Application
- Outcome
- Application dismissed with costs
- Legal Topics
- ['judicial Review' 'de Facto Relationships' 'adequacy of Reasons' 'statutory Interpretation' 'fair and Reasonable Determination']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal on a Question of Law / Judgment on Application
Legal Issues
- 1 ['Whether the Tribunal wrongly identified the question it had to answer' "Whether the Tribunal failed to give the term 'de facto partner' its proper statutory construction" 'Whether the Tribunal failed to give adequate reasons']
Ratio Decidendi
The Tribunal properly identified and applied the statutory question of whether the trustee's determination was fair and reasonable, provided adequate reasons based on the evidence and material before it, and did not err in its construction of the term 'de facto partner' or in its application of the statutory criteria; therefore, the grounds for appeal were not made out.
Court Disposition
Application dismissed with costs
Orders
- ['The application is dismissed.' "The applicants pay the first respondent's costs, as agreed or assessed."]
Full Case Text
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