Federal Court of Australia
CATCHWORDS
REPATRIATION - Claim for Special Rate pension (TPI) -
Alternative claim for intermediat@ rate of pension - Relevant date for determining eligibility - Applicant unable to engage in full time remunerative work at time of application by reason of age - Regarding claim for intermediate pension,
whether economic loss demonstrated.
Repatriation Act 1920, Schedules 1 and 2
Delkou v Repatriation Commission Full Court of the Federal Court, unreported, 17 November 1986) referred to.
NSW G.222 of 1986 LLOYD RHYS LUCAS v THE REPATRIATION COMMISSION
Fisher, Beaumont and Wilcox JJ Sydney 17 November 1986
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IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) )
CORAM: PLACE:
DATE:
GENERAL DIVISION
BETWEEN :
No. G.222 of 1986
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
LLOYD RHYS LUCAS
Applicant
THE REPATRIATION
COMMISSION
FISHER, BEAUMONT and WILCOX SYDNEY
17 NOVEMBER 1986
MINUTES OF ORDER
THE COURT ORDERS THAT:
The appeal be dismissed.
The applicant pay to the respo
appeal.
Respondent
JT
ndent its costs of the
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Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
Note
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.222 of 1986
Nees
GENERAL DIVISION
On appeal from the
Administrative Appeals
Tribunal
BETWEEN: LLOYD RHYS LUCAS
. Applicant
AND: THE REPATRIATION COMMISSION
Respondent
' REASONS FOR JUDGMENT
CORAM: FISHER, BEAUMONT and WILCOX JJ.
PLACE: SYDNEY
DATE: 17 NOVEMBER 1986
THE COURT: The applicant in this matter attained the age of 81 years during the early part of this year. He is a veteran of World War II who saw active service in New Guinea. On his discharge on 17 May 1944 he received a class B medical certification. Thereafter he resumed his pre-war occupation as a'professional architect in the employ of the New South
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