Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Hendy [2002] FCAFC 424 DEFENCE AND WAR – veterans' entitlements – factors to be taken into consideration upon an application for an increase of a veteran's pension on the basis that previously accepted service-caused disabilities had worsened – whether war-caused injury or war-caused disease alone render the veteran incapable of undertaking remunerative work Administrative Appeals Tribunal Act 1975 (Cth), s 43(2B) and 44. Veterans' Entitlements Act 1986 (Cth), ss 15(1), 19, 24(1). Flentjar v Repatriation Commission (1997) 48 ALD 1, followed. REPATRIATION COMMISSION v LESLIE ARTHUR HENDY N 566 OF 2002 WHITLAM, EMMETT & STONE JJ 19 DECEMBER 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N566 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: REPATRIATION COMMISSION
APPELLANT
AND: LESLIE ARTHUR HENDY
RESPONDENT
JUDGES: WHITLAM, EMMETT & STONE JJ
DATE OF ORDER: 19 DECEMBER 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. the appeal be upheld;
2. the orders of Madgwick J made on 10 May 2002 be set aside and, in lieu thereof, the following orders be substituted:
1. the appeal be dismissed; and
2. the applicant pay the respondent's costs of the application.
3. the respondent pay the appellant's costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N566 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: REPATRIATION COMMISSION
APPELLANT
AND: LESLIE ARTHUR HENDY
RESPONDENT
JUDGES: WHITLAM, EMMETT & STONE JJ
DATE: 19 DECEMBER 2002
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