Adamou, S. v. Director-General of Social Security [1985] FCA 81

Adamou, S. v. Director-General of Social Security [1985] FCA 81

The Tribunal erred in law by treating a possibility of improvement from further treatment as negativing permanent incapacity, and by failing to consider whether employment not involving heavy labour was realistically available given the appellant's abilities, age, experience, and language skills.

Parties
Appellant: Savvas Adamou; Respondent: Director-General of Social Security
Jurisdiction
Australia
Judgment Date
11 March 1985
Procedural Posture
Appeal / Appeal From Administrative Appeals Tribunal to Federal Court
Outcome
appeal allowed
Legal Topics
Invalid Pension, Permanent Incapacity, Assessment of Disability, Availability of Employment, Delay in Administration
Administrative Law Social Security Law Invalid Pension Permanent Incapacity Assessment of Disability Availability of Employment Delay in Administration

Case Brief

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Parties

Savvas Adamou

Appellant

Director-General of Social Security

Respondent

Procedural Posture

Appeal / Appeal From Administrative Appeals Tribunal to Federal Court

Legal Issues

  1. 1 Whether evidence of possible improvement from further treatment negatives the likelihood of permanent incapacity for work under Social Security Act 1947 ss. 23, 24
  2. 2 Whether the Tribunal erred in failing to consider availability of suitable work for the applicant given his disabilities

Ratio Decidendi

The Tribunal erred in law by treating a possibility of improvement from further treatment as negativing permanent incapacity, and by failing to consider whether employment not involving heavy labour was realistically available given the appellant's abilities, age, experience, and language skills.

Court Disposition

appeal allowed

Orders

  • The appeal be allowed.
  • The decision of the Administrative Appeals Tribunal to dismiss the appeal is set aside and the case remitted for hearing and decision anew with further evidence as either party may adduce.