Repatriation Commission v Fox, William Henry [1997] FCA 737

FEDERAL COURT OF AUSTRALIA VETERANS' AFFAIRS - appeal from decision of Administrative Appeals Tribunal ("AAT") that respondent entitled to a special rate of pension - whether error of law - whether the respondent's war-caused injuries alone prevented him from undertaking remunerative work - where respondent 68 years of age at date of application - whether AAT failed to take into account relevant considerations - whether evidence justified decision. Veterans' Entitlements Act 1986 (Cth), ss 24(1), 120(4) Repatriation Commission v Brand (1991) 23 ALD 591, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, cited Cavell v Repatriation Commission (1988) 9 AAR 534, cited Starcevich v Repatriation Commission (1987) 18 FCR 221, cited Repatriation Commission v Strickland (1990) 22 ALD 10, cited Jackman v Repatriation Commission (unreported, 30 June 1997), distinguished

REPATRIATION COMMISSION v WILLIAM HENRY FOX

NO NG 878 of 1996

TAMBERLIN J

SYDNEY

8 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 878 of 1996 ) GENERAL DIVISION )

ON APPEAL FROM THE VETERAN'S APPEALS DIVISION OF THE

ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY

MS G ETTINGER (SENIOR MEMBER) and

BRIGADIER J A HOOPER (MEMBER)

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: WILLIAM HENRY FOX

Respondent

JUDGE: TAMBERLIN J PLACE: SYDNEY DATED: 8 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: The application be dismissed with costs. 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 ) NG 878 of 1996 ) GENERAL DIVISION )