Grant v Repatriation Commission [1999] FCA 1047

FEDERAL COURT OF AUSTRALIA

Grant v Repatriation Commission [1999] FCA 1047

VETERANS' AFFAIRS – Special rate of pension – Whether veteran prevented from continuing remunerative work because of war‑caused disability "alone".

Veterans' Entitlements Act 1986 ss 24(2A)(d), 120(4), (6) Repatriation Commission v Smith (1987) 15 FCR 327 applied Cavell v Repatriation Commission (1998) AAR 534 distinguished Sun Alliance Insurance Ltd v Massoud [1989] VR 8 applied

BRIAN GRANT v REPATRIATION COMMISSION

VG 311 OF 1998 SUNDBERG J 4 AUGUST 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 311 of 1998

BETWEEN: BRIAN GRANT

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: SUNDBERG J

DATE OF ORDER: 4 AUGUST 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the respondent's costs of the application.

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

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 311 OF 1998

BETWEEN: BRIAN GRANT

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: SUNDBERG J

DATE: 4 AUGUST 1999

PLACE: MELBOURNE

REASONS FOR JUDGMENT

BACKGROUND

1 The respondent made a determination that the applicant was entitled to a disability pension under the Veterans' Entitlements Act 1986 ("the Act") at 80% of the General Rate. On review, the Veterans' Review Board increased the pension to 100% of the General Rate. The applicant sought review of this decision by the Administrative Appeals Tribunal, claiming that he was entitled to a Special Rate of pension, or, in the alternative, to an Extreme Disablement Adjustment. The Administrative Appeals Tribunal affirmed the decision under review. The applicant now appeals to this Court from the Tribunal's decision.