Sleep v Repatriation Commission [2009] FCA 1413

Sleep v Repatriation Commission [2009] FCA 1413

The applications for extension of time to appeal were dismissed because the applicant had no prospects of success: the assets testing of real property and superannuation was correctly applied under the Veterans' Entitlements Act 1986 (Cth); statutory exclusions for personal property did not apply to the applicant's real property or superannuation after he turned 60.

Jurisdiction
Australia
Judgment Date
01 December 2009
Procedural Posture
Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time
Outcome
Applications for extension of time dismissed
Legal Topics
['extension of Time' "means Testing of Veteran's Pensions" "assets Testing Under Veterans' Entitlements Act"]
['administrative Law' 'veterans Law'] ['extension of Time' "means Testing of Veteran's Pensions" "assets Testing Under Veterans' Entitlements Act"]

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Procedural Posture

Application for Extension of Time to Appeal / Dismissal of Application for Extension of Time

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal decisions dismissing his appeals from the Administrative Appeals Tribunal' "Whether the value of real property and superannuation should be excluded from assets testing under the Act for the applicant's invalidity service pension"]

Ratio Decidendi

The applications for extension of time to appeal were dismissed because the applicant had no prospects of success: the assets testing of real property and superannuation was correctly applied under the Veterans' Entitlements Act 1986 (Cth); statutory exclusions for personal property did not apply to the applicant's real property or superannuation after he turned 60.

Court Disposition

Applications for extension of time dismissed

Orders

  • ['The application for an extension of time to file and serve a notice of appeal is dismissed in SAD 131 of 2009.' 'The application for an extension of time to file and serve a notice of appeal is dismissed in SAD 164 of 2009.']