Helen May Cassin & Anor v John Bredan Coats & Ors [1981] FCA 65

The Court adopted the reasons given in Kelly v. Coats, O'Brien & Phenna and concluded that the applicant should not be debarred from pursuing the application under the Administrative Decisions (Judicial Review) Act 1977.

Jurisdiction: Australia
Judgment Date: 20 May 1981
Procedural Posture: Application for Judicial Review of a Repatriation Board Decision Refusing a Pension / Reasons for Decision; Court to Hear Counsel as to Directions
Outcome: Applicant not debarred from pursuing the application under the Administrative Decisions (Judicial Review) Act 1977; counsel to be heard as to directions.
Legal Topics: ['judicial Review' 'right of Appeal' 'joinder of Parties' 'repatriation Pension']

['administrative Law' 'repatriation'] ['judicial Review' 'right of Appeal' 'joinder of Parties' 'repatriation Pension']

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Procedural Posture

Application for Judicial Review of a Repatriation Board Decision Refusing a Pension / Reasons for Decision; Court to Hear Counsel as to Directions

Legal Issues

1 ['Whether the Court should refuse to grant the application because of a right of appeal.' 'Joinder of parties.' 'Whether the applicant should be debarred from pursuing an application under the Administrative Decisions (Judicial Review) Act 1977.']

Ratio Decidendi

Court Disposition

Applicant not debarred from pursuing the application under the Administrative Decisions (Judicial Review) Act 1977; counsel to be heard as to directions.

Orders

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