Federal Court of Australia
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,JlJBGMENT No. 49.427.
CATCHWORDS
REPATRIATION - Appeal from a single judge - General Rate of pension - whether extent of incapacity can be determined by reference to the amount of pension appropriate to person's incapacity - difference between incapacity for purposes of General Rate and that for purposes of Intermediate and Special Rates - use of Schedules by Tribunal in ascertaining incapacity for purposes of General Rate - use of 'Guide to
Assessment of Incapacity' by Tribunal.
Repatriation Act 1920 (Cth) as amended by Act No. 90 of 1985,
s.24, Schedules 1-5. Veterans' Entitlement Act 1986 (Cth) s.29.
ROBERT HARRY APTHORPE v. THE REPATRIATION COMMISSION
No. NSW G141 of 1987
Davies, Lockhart and Gummow JJ. Sydney 25 November 1987
RECEIVED 2 SNOV 1997
FEPERAL COURT AUSTAALIAY OF
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
No. G141 of 1987
CORAM:
DATE:
PLACE:
ON APPEAL from a single judge of the Federal Court of Australia
BETWEEN: ROBERT HARRY APTHORPE Appellant AND: THE REPATRIATION COMMISSION Respondent
Davies, Lockhart and Gummow JJ.
25 November 1987
Sydney
MINUTES OF ORDER
THE COURT ORDERS THAT:
The appeal be dismissed. The appellant pay the respondent's costs.
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
NEW SOUTH WALES DISTRICT REGISTRY No. G141 of 1987
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GENERAL DIVISION
ON APPEAL from a single judge of the Federal Court of Australia
BETWEEN: ROBERT HARRY APTHORPE Appellant AND: THE REPATRIATION COMMISSION
Respondent CORAM: Davies, Lockhart and Gummow JJ. DATE: 25 November 1987 PLACE: Sydney
REASONS FOR JUDGMENT
THE COURT: This is an appeal from an order of a single judge of this court dismissing an appeal from a decision of the Administrative Appeals Tribunal which had affirmed a decision of the Veterans Review Board that the appellant, Robert Harry Apthorpe, receive a pension calculated at 70% of the General Rate. The appeal from the decision of the Administrative Appeals Tribunal was an appeal raising points of law only and
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