Howard, John Campbell v Director-General of Social Security [1983] FCA 394

CATCHHWOFODS

SOCIAL SECURITY - whether the Tribunal misdirected itself in

that it relied upon the decision of Sheely instead of Panke -

incapacity - "person who is sick and a person who thinks that

he is sick".

Sheely v. Director-General of Social Security ALN NSW 206

Panke v. Director-General of Social Security (1981) 4 ALD 179

JOHN CAMPBELL HOWARD v. DIRECTOR-GENERAL OF SOCIAL SECURITY

Qld G106 of 1983

FITZGERALD J. BRISBANE 14 DECEMBER 1983

iinteee nti nataetet Leet tematmenieets — melt mmienrtainential nn tamnee Ay bewtnnne ee de

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G106 of 1983 GENERAL DIVISION ) BETWEEN :

JOHN CAMPBELL HOWARD

Applicant AND: DIRECTOR-GENERAL OF SOCIAL SECURITY Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 14 DECEMBER 1983 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. The appeal is dismissed.

2. There is no order as to costs.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G106 of 1983 GENERAL DIVISTON )

BETWEEN :

JOHN CAMPBELL HOWARD

Applicant AND: DIRECTOR-GENERAL OF SOCIAL SECURITY Respondent FITZGERALD J. 14 DECEMBER 1984

EXTEMPORE REASONS FOR JUDGMENT

This is an appeal on a question of law from the Administrative Appeals Tribunal given on 19 October 1983. The Tribunal affirmed the decision to refuse the applicant an invalid

pension.

The applicant was born on 2 August 1928. On 2 May 1970, he was a passenger in a motor vehicle which struck a depressional rut in a road causing him to hit his head on the roof of the vehicle. He claims to have experienced health problems since that incident. The Tribunal found, and its finding was supported by a substanial body of medical evidence, that the appiicant's claims that he experienced various physical symptoms were not

substantiated. The Tribunal also found that the evidence did not