RE FOSTER

RE FOSTER

The material before the Commission and Tribunal justified their determination; no failure to act according to statute was established; no grounds for mandamus were made out.

Parties
Applicant: Foster; Respondent: Repatriation Commission; Respondent: War Pensions Entitlement Appeal Tribunal
Jurisdiction
Australia
Judgment Date
04 April 1945
Procedural Posture
Application for Order Nisi for Writ of Mandamus / Judgment on Application for Order Nisi
Outcome
Application for order nisi for writ of mandamus refused.
Legal Topics
Mandamus, Statutory Interpretation, Repatriation Claims, War Pensions
Administrative Law Veterans' Affairs Mandamus Statutory Interpretation Repatriation Claims War Pensions

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Parties

Foster

Applicant

Repatriation Commission

Respondent

War Pensions Entitlement Appeal Tribunal

Respondent

Procedural Posture

Application for Order Nisi for Writ of Mandamus / Judgment on Application for Order Nisi

Legal Issues

  1. 1 Whether the Repatriation Commission and Tribunal failed to perform their statutory duty in considering the applicant's claim for a pension
  2. 2 Whether grounds exist for the issue of a writ of mandamus against the Commission and Tribunal

Ratio Decidendi

The material before the Commission and Tribunal justified their determination; no failure to act according to statute was established; no grounds for mandamus were made out.

Court Disposition

Application for order nisi for writ of mandamus refused.

Orders

  • Application for order nisi for writ of mandamus refused.