Grant v Repatriation Commission [1999] FCA 1629

FEDERAL COURT OF AUSTRALIA

Grant v Repatriation Commission [1999] FCA 1629 VETERANS' AFFAIRS – disability pension – special rate – whether veteran over 65 years of age is prevented from continuing to undertake the remunerative work he was last undertaking – whether tribunal required only to address questions raised by "the case" put by an applicant - whether the tribunal addressed the questions required to be addressed by s 24(2A)(d) Veterans' Entitlements Act 1986 (Cth) – s 24(2A) Noble v Repatriation Commission [1997] FCA 1159 – cited Bushell v Repatriation Commission (1992) 175 CLR 408 – cited Sellamuthu v Minister for Immigration and Multicultural Affairs [1999] FCA 247 – cited Satheeskumar v Minister for Immigration and Multicultural Affairs [1999] FCA 1285 – cited Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186 – cited Autodesk Inc v Dyason [No 2] (1993) 176 CLR 300 – cited

BRIAN WILLIAM GRANT v REPATRIATION COMMISSION V 492 of 1999 JUDGES: MERKEL, GOLDBERG AND WEINBERG JJ DATE: 23 NOVEMBER 1999 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 492 of 1999

BETWEEN: BRIAN WILLIAM GRANT

Applicant

AND: REPATRIATION COMMISSION

Respondent JUDGES: MERKEL, GOLDBERG AND WEINBERG JJ

DATE OF ORDER: 23 NOVEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the primary judge made on 4 August 1999 be set aside and in lieu thereof order that: (a) the decision of the Administrative Appeals Tribunal made 30 April 1998 be set aside; (b) the matter be remitted to the Administrative Appeals Tribunal to be determined in accordance with law; (c) the respondent pay the taxed costs of the appellant of and incidental to the appeals to the primary judge and to the Full Court save for the costs of and incidental to the hearing before the primary Judge. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.