Delkou, T.P. v. The Repatriation Commission [1986] FCA 516

CATCHWORDS

REPATRIATION - Claim for Special Rate pension - Pension granted by Veterans' Review Board - Appeal by Repatriation Commission to Administrative Appeals Tribunal - Amendment of legislation before appeal heard - Whether amended legislation applied in proceedings before Tribunal - Whether applicant prevented_from continuing to carry out remunerative work by

incapacity caused by his war related disabilities alone.

Repatriation Act 1920, ss.24, 25, 29, 47, 101, Schedule 2

Repatriation Legislation Amendment Act 1984, s.55

Repatriation Legislation Amendment Act 1985, ss.16, 34(1), 68, 69, 70

Administrative Appeals Tribunal Act 1975, s.44

Maxwell v Murphy (1957) 96 CLR 261, Duralla Pty Ltd v Plant

1984) 2 FCR 342, Cooper Brookes (Wollongong) Proprietary Ltd v The Commissioner of Taxation of the Commonwealth of

THOMAS PETROU DELKOU v THE REPATRIATION COMMISSION

Austral1a (1981) 147 CLR 297, Banovich v Repatriation Commission (Full Court of the Federal Court of Australia, unreported, 17 November 1986) referred to.

NSW G.179 of 1986

Fisher, Beaumont and Wilcox J Sydney 17 November 1986

alos ego

GENERAL DIVISION

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.179 of 1986

IN THE MATTER OF THE

REPATRIATION ACT 1920 ON APPEAL

FROM A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL IN THE VETERANS' APPEALS DIVISION

~ BETWEEN: THOMAS PETROU DELKOU

Applicant

AND: THE REPATRIATION

COMMISSION Respondent CORAM : FISHER, BEAUMONT and WILCOX JJ PLACE: SYDNEY DATE: 17 NOVEMBER 1986

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G179 of 1986

) GENERAL DIVISION )

IN THE MATTER OF THE REPATRIATION ACT 1920 ON APPEAL FROM A DECISION

- OF THE ADMINISTRATIVE APPEALS TRIBUNAL IN THE VETERANS' APPEALS DIVISION