Davis v Veterans' Review Board [2021] FCA 131
Where the principal object of obtaining an expedited hearing is achieved voluntarily by the Board and there is no live controversy, the court should decline to grant discretionary relief and dismiss the application as academic.
- Jurisdiction
- Australia
- Judgment Date
- 08 February 2021
- Procedural Posture
- Judicial Review Application / Final Judgment
- Outcome
- Application dismissed
- Legal Topics
- ['delay in Hearing' 'judicial Review' 'expedition of Administrative Proceedings']
Case Brief
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Procedural Posture
Judicial Review Application / Final Judgment
Legal Issues
- 1 ["Whether the Veterans' Review Board delayed unreasonably in hearing the applicant's review application" "Whether s 137 Veterans' Entitlements Act 1986 (Cth) was relevant to delay" 'Whether relief by way of mandamus or declaration should be granted where Board voluntarily offers hearing']
Ratio Decidendi
Where the principal object of obtaining an expedited hearing is achieved voluntarily by the Board and there is no live controversy, the court should decline to grant discretionary relief and dismiss the application as academic.
Court Disposition
Application dismissed
Orders
- ['The application be dismissed.']
Full Case Text
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