Vann, M.J. v Repatriation Commission [1987] FCA 67

Vann, M.J. v Repatriation Commission [1987] FCA 67

There was a reasonably adequate explanation for delay in filing the appeal and reasonable prospects of success regarding the legal question on section 90A's operation, justifying exercise of the court’s discretion in favour of the applicant for extension of time.

Jurisdiction
Australia
Judgment Date
04 February 1987
Procedural Posture
Application for Extension of Time to File Notice of Appeal / Determination of Application
Outcome
Application allowed; extension of time granted.
Legal Topics
['extension of Time' 'statutory Interpretation' 'service Pension Eligibility']
['administrative Law'] ['extension of Time' 'statutory Interpretation' 'service Pension Eligibility']

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Procedural Posture

Application for Extension of Time to File Notice of Appeal / Determination of Application

Legal Issues

  1. 1 ["Whether section 90A of the Repatriation Act 1920 permits 'backdating' of a pension to a date earlier than 1 January 1985" 'Whether section 90A is procedural or substantive for purposes of retrospective operation']

Ratio Decidendi

There was a reasonably adequate explanation for delay in filing the appeal and reasonable prospects of success regarding the legal question on section 90A's operation, justifying exercise of the court’s discretion in favour of the applicant for extension of time.

Court Disposition

Application allowed; extension of time granted.

Orders

  • ['Time for filing and service of notice of appeal against the Administrative Appeals Tribunal decision of 15 August 1986 is extended until 11 February 1987.' 'Applicant to pay the costs of the application.']