Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Commonwealth of Australia v Smith [2009] FCAFC 175
ADMINISTRATIVE LAW – Veterans' Entitlements – "double dipping" – entitlement to pension for war-caused injury – payment in settlement of common law action in negligence – whether both payments in respect of incapacity from the same injury – whether Veterans Entitlements' Act 1986 (Cth) s 30C applicable to the facts – approach to be taken to the application of s 30C Veterans' Entitlements Act 1986 (Cth) ss 9, 13, 14, 30C Commonwealth v Keogh (1983) 76 FLR 21 distinguished K & S Lake City Freighters Pty Ltd v Gordon and Gotch Ltd (1985) 157 CLR 309 cited Mills v Meeking (1990) 169 CLR 214 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Repatriation Commission v Budworth (2001) 116 FCR 200 cited Shi v Migration Agents Registration Authority (2008) 235 CLR 286 cited THE COMMONWEALTH OF AUSTRALIA v DAVID RONALD SMITH
VID 516 of 2009
BLACK CJ, MOORE AND MIDDLETON JJ
16 DECEMBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 516 of 2009
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: THE COMMONWEALTH OF AUSTRALIA
Appellant
AND: DAVID RONALD SMITH
Respondent
JUDGES: BLACK CJ, MOORE AND MIDDLETON JJ
DATE OF ORDER: 16 DECEMBER 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 516 of 2009
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
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