Federal Court of Australia
CATCHWORDS
Veterans' affairs - disability pension - application for special rate -— veteran had disabilities (as at date of application) accepted as war-caused: injury right knee, osteoarthritis, anxiety state, dyspepsia, tinea pedis - veteran retired of own volition from employment with Electrolytic Zinc Company at age 62 because of war-caused disabilities - s.20 Veterans' Entitlements Act 1986 ("the Act") - s.24(1)(c) of the Act 1n contention - whether criteria set out in s.24 of the Act to be considered as at date of application rather than as at date of retirement - whether eligibility for special rate depends upon existence of continuing economic loss - interpretation of s.120(4) of the Act (standard of proof) - ss.33(1)(c), 44(1) Administrative Appeals Tribunal Act 1975.
REPATRIATION COMMISSION v. BYRON MAXWELL WRIGHT
No. T4 of 1987
Northrop, Beaumont and Spender JJ. Sydney
1o August 1987
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IN THE FEDERAL COURT OF AUSTRALIA
) ) TASMANIA DISTRICT REGISTRY ) No. T4 of 1987 ) GENERAL DIVISION )
ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY
DEPUTY PRESIDENT R.C. JENNINGS Q.C., MR. D.A. KEARNEY (MEMBER)
AND DR. W. MCLAREN THOMSON (MEMBER)
BETWEEN: REPATRIATION COMMISSION Applicant AND: BYRON MAXWELL WRIGHT Respondent
MINUTES OF ORDER
Court: Northrop, Beaumont and Spender JJ. Date orders made: 1o August 1987 Where made: Sydney
THE COURT ORDERS:
1. The appeal be allowed with costs.
2. The Tribunal''s decision be set aside and the matter remitted to the Tribunal to be heard and decided again with the hearing of further evidence.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
) ) TASMANIA DISTRICT REGISTRY ) T. No. G 4 of 1987 ) )
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