McGourty, W.J. v Repatriation Commission [1988] FCA 328

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CATCHWORDS

ADMINISTRATIVE LAW - Appeal from the Veterans Appeals Division of the Administrative Appeals Tribunal - determination of rate of general pension - whether assessment of pension payable is

made upon date for which application for particular pension is made - the function of the Administrative Appeals Tribunal

under the Veterans' Entitlements Act.

Jebb v. Repatriation Commission (NSW G327 of 1987, delivered TS April eee}

Commonwealth of Australia v. Ford (1986) 9 A.L.D. 433

Veterans' Entitlements Act 1986 (Cth)

WILLIAM JOHN McGOURTY v.REPATRIATION COMMISSION No. °

Davies J. 1 July 1988 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G435 of 1987 )

GENERAL DIVISION )

On appeal from the Veterans Appeals Division of the Administrative Appeals Tribunal

BETWEEN: WILLIAM JOHN MCGOURTY

Applicant

AND: REPATRIATION COMMISSION

Respondent

CORAM: Davies J. DATE: 1 July 1988 PLACE: Sydney

MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision under appeal be set aside. 3. The matter be remitted to the Administrative Appeals

Tribunal to be reheard or decided again with or without the hearing of further evidence.

4. The respondent pay the costs of the appeal.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G435 of 1987

~~

GENERAL DIVISION On appeal from the Veterans Appeals Division of the Administrative Appeals Tribunal

BETWEEN: WILLIAM JOHN McGOURTY

Applicant

ig

REPATRIATION COMMISSION

Respondent

CORAM: Davies J. DATE: 1 July 1988 PLACE: Sydney

REASONS FOR JUDGMENT

This is an appeal from a decision of an Administrative Appeals Tribunal given on 7 August 1987, which varied a decision of the Veterans' Review Board of 20 May 1986 by substituting a determination of 80% of the general rate of pension for the