Federal Court of Australia
ara
JUDGMENT No. 1.5232. suelo CATCHWORDS
DEF DWAR - Veterans' entitlements - disability
pension - extent of fTribunal's powers when hearing and
determining a matter remitted to it by the Court - application of issue estoppel to the Tribunal - effect of s 120 of the Veterans' Entitlements Act 1986 (Cth)
Veterans' Entitlements Act 1986 (Cth) s 7(1)(a) and (b), 9(1)(a) and _(b), 24, 120
Blackman v Commissioner of Taxation (1993) 43 FCR 449 Bushell v Repatriation Commission (1992) 175 CLR 408 Byrnes v Repatriation Commission (1993) 177 CLR 564 Langley v Repatriation Commission (1993) 43 FCR 194 Nation v Repatriation Commission (1993) 18 AAR 273
LIONEL NATION v REPATRIATION COMMISSION No TG 18 of 1994
NORTHROP J HOBART 7 DECEMBER 1994
29 DEC 1994
FEDERAL COURT OF AUSTRALIA PRINCIPAL
rer
IN THE FEDERAL, COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY No TG 18 of 1994 GENERAL DIVISION
ON APPEAL FROM THE VETERAN'S DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR_A.M. BLOW - DEPUTY PRESIDENT
BETWEEN:
LIONEL NATION
Applicant AND: REPATRIATION COMMISSION Respondent COURT: NORTHROP J PLACE: HOBART DATE : 7 DECEMBER 1994
MINUTES OF ORDER
THE COURT ORDERS THAT:
The appeal be allowed with costs.
The decision appealed from be set aside and in lieu thereof it be declared that the applicant's obsessive compulsive neurosis is a war-caused disease for the purposes of section 13 of the Veterans' Entitlements Act 1986.
Remit the matter to the Repatriation Commission to determine the rate of pension to be paid to the applicant and the date from which that pension is to be paid.
Note: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA TASMANIA DISTRICT REGISTRY , No TG 18 of 1994
GENERAL DIVISTON
ON APPEAL FROM THE VETERAN'S DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR_ A.M. BLOW - DEPUTY PRESIDENT
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