Celentano v Secretary, Department of Family and Community Services [2005] FCA 1302

Celentano v Secretary, Department of Family and Community Services [2005] FCA 1302

In this case, the balance lies in maintaining the pension payments pending disposal of the proceeding, considering the arguable case for relief and hardship.

Parties
Applicant: Donato Celentano; First Respondent: Secretary, Department of Family and Community Services; Second Respondent: Effie Koulouris; Third Respondent: Ian Hood
Jurisdiction
Australia
Judgment Date
13 September 2005
Procedural Posture
Judicial Review / Interlocutory Motion for Stay Pending Hearing
Outcome
decisions to cancel pension stayed pending outcome of appeal
Legal Topics
Stay of Administrative Decisions, Age Pension, Hardship, Balance of Convenience
Administrative Law Stay of Administrative Decisions Age Pension Hardship Balance of Convenience

Case Brief

Summary, issues, holding and outcome

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Parties

Donato Celentano

Applicant

Secretary, Department of Family and Community Services

First Respondent

Effie Koulouris

Second Respondent

Ian Hood

Third Respondent

Procedural Posture

Judicial Review / Interlocutory Motion for Stay Pending Hearing

Legal Issues

  1. 1 Whether the decisions to cancel the applicant’s age pension should be stayed pending appeal

Ratio Decidendi

In this case, the balance lies in maintaining the pension payments pending disposal of the proceeding, considering the arguable case for relief and hardship.

Court Disposition

decisions to cancel pension stayed pending outcome of appeal

Orders

  • The decisions of the delegates of the first respondent dated 13 and 23 September 2004 to cancel the applicant's age pension be stayed pending the outcome of the appeal.
  • Costs be reserved.