Hill v Repatriation Commission [2000] FCA 929

FEDERAL COURT OF AUSTRALIA

Hill v Repatriation Commission [2000] FCA 929

ADMINISTRATIVE LAW – Application for review of decision of Administrative Appeals Tribunal – Veterans' entitlements – Veteran left civilian employment in 1989 allegedly because of war-caused disabilities - Repatriation Commission later accepted that veteran suffered some war-caused disabilities – 1993 decision of AAT awarding veteran pension at Intermediate Rate - Application now made for Special Rate pension – In 2000 AAT found total and permanent incapacity (that is, inability to work more than eight hours per week) but refused application because it was not satisfied that veteran suffered economic loss – Whether Tribunal erred in law in considering only whether the veterans' position, in relation to economic loss, had deteriorated since 1993 – Whether the Tribunal erred in law in regarding a dog breeding activity of the veteran as a mere hobby and irrelevant in relation to economic loss. Veterans Entitlements Act 1986, ss23(1)(c) and 24. ALLAN CLAUDE HILL v REPATRIATION COMMISSION N166 of 2000 WILCOX J SYDNEY 11 JULY 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N166 of 2000

BETWEEN: ALLAN CLAUDE HILL

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 11 JULY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be granted and the decision of the Administrative Appeals Tribunal dated 3 February 2000 be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal for redetermination according to law. 3. The respondent, Repatriation Commission, pay the costs of the proceeding incurred by the applicant, Allan Claude Hill. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.