Husband v Repatriation Commission [2000] FCA 356

FEDERAL COURT OF AUSTRALIA

Husband v Repatriation Commission [2000] FCA 356

VETERANS AFFAIRS – disability pension assessment – impairment assessment – Guide to Assessment of Rates of Veterans Pensions – application of tables in assessing impairment – use of averaging over periods in which severity of conditions fluctuate – whether intermittent conditions attracting different basis for assessment of impairment – underlying findings of fact – reduces to questions of fact – not reviewable – special rate – findings of fact attacked – chronic fatigue syndrome – not claimed as caused by defence service – not able to be applied by Tribunal to assessment of special rate – appeal essentially merits review – appeal dismissed.

Veterans' Entitlements Act 1986 s70, s 21A, s 22, s 23, s 24, s 5Q, s 29 s 196B(3), s 5AB, s 196B(4), s 120, s 5D

Brown v Repatriation Commission (1985) 60 ALR 289 cited

Waterford v The Commonwealth (1987) 71 ALR 673 cited

Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598 cited

Federal Commissioner of Taxation v Swift (1989) 18 ALD 679 cited

Owen v Repatriation Commission (1995) 59 FCR 93 applied

Banovich v Repatriation Commission (1986) 69 ALR 395 cited

NEIL FRANCIS HUSBAND v REPATRIATION COMMISSION

W 33 OF 1999

FRENCH J

24 MARCH 2000

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 33 OF 1999

ON APPEAL from the Veterans' Appeal Division of the Administrative

Appeals Tribunal constituted by T E Barnett, Deputy President, Brigadier R D F Lloyd, Member, and Dr D Weerasooriya, Member.

BETWEEN: NEIL FRANCIS HUSBAND

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: FRENCH J

DATE OF ORDER: 24 MARCH 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The Applicant is to 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.