Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v McDermid [2016] FCAFC 179 Appeal from: McDermid v Repatriation Commission [2016] FCA 372, (2016) 150 ALD 55
File number: QUD 341 of 2016
Judges: KENNY, FLICK AND RANGIAH JJ
Date of judgment: 14 December 2016
Catchwords: VETERANS' ENTITLEMENT – compensation payable for incapacity in respect of spine condition – pension also sought under Veterans' Entitlements Act – claimed incapacity from same condition – reduction of pension by reason of compensation already being received STATUTORY INTERPRETATION – natural and ordinary meaning of words – no ambiguity
Legislation: Compensation (Commonwealth Government Employees) Act 1971 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) Veterans' Entitlements Act 1986 (Cth), ss 5D(2), 13, 13(1)(b), 19, 19(7), 21A, 22, 71(3), 72, 73, 74, 74(2), 74(2)(a), 74(2)(b), 75, 76, 77, 78, 79
Cases cited: Bermingham v Corrective Services Commission of New South Wales (1988) 15 NSWLR 292 Canute v Comcare [2006] HCA 47, (2008) 226 CLR 535 Commonwealth v Smith [2009] FCAFC 175, (2009) 180 FCR 569 McDermid v Repatriation Commission [2016] FCA 372, (2016) 150 ALD 55 Owen v Repatriation Commission (1995) 59 FCR 93 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28, (1998) 194 CLR 355 Woodside Energy Ltd v Zaghloul [2015] FCAFC 135
Date of hearing: 22 November 2016
Registry: Queensland
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