Tracy v Repatriation Commission [1999] FCA 1523

FEDERAL COURT OF AUSTRALIA

Tracy v Repatriation Commission [1999] FCA 1523 VETERANS' AFFAIRS – review of decision not to grant applicant assistance under Vehicle Assistance Scheme – whether applicant incapacitated by reason of a condition similar in effect or severity to that of a multiple amputee – whether Commission erred in not considering most recent evidence provided to it by applicant – interpretation of section 105(5)(d) Veterans' Entitlements Act. Administrative Decision Judicial Review Act 1977, (Cth) Veterans Entitlements Act 1986, (Cth) ss 104, 105 Minister for Aboriginal Affairs v Peko-Wallsend (1985) 162 CLR 24 Hindi v Minister for Immigration and Ethnic Affairs (1988) 91 ALR 586 Clifford v Repatriation Commission (1998) 14 ALD 721 Bull v Attorney-General (NSW) (1913) 17 CLR 370 Holmes v Permanent Trustee Co of NSW Ltd (1932) 47 CLR 113 Repatriation Commission v Hawkins (1993) 117 ALR 225 at 231 Repatriation Commission v Law (1981) 147 CLR 635 Repatriation Commission v Hayes (1982) 43 ALR 216 Secretary, Department of Social Security v Cooper (1990) 97 ALR 364 DOUGLAS HUBERT TRACY v REPATRIATION COMMISSION LEE J 4 NOVEMBER 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 85 OF 1999

BETWEEN: DOUGLAS HUBERT TRACY

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: LEE J

DATE OF ORDER: 4 NOVEMBER 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The decision of the Respondent be set aside and the matter remitted to the Respondent for determination according to law. 2. The Respondent pay the Applicant's costs.

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

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 85 OF 1999