Husband v Repatriation Commission [2000] FCA 1276

FEDERAL COURT OF AUSTRALIA

Husband v Repatriation Commission [2000] FCA 1276

VETERANS' AFFAIRS – disability pension assessment – whether Administrative Appeals Tribunal erred in law in finding appellant ineligible for intermediate or special rate of pension – Tribunal found appellant suffered incapacity from accepted disability of leptospirosis during first two of three periods under review but not during third period – Tribunal found chronic fatigue syndrome ("CFS") was main factor in appellant's inability to work or to seek work – Tribunal also found that symptoms of CFS should not be regarded as ongoing effects of leptospirosis – whether Tribunal applied "Guide to the Assessment of Rates of Veterans' Pensions" ("the Guide") when deciding whether entitlement to intermediate or special rate of pension – whether it would have been in error to so apply the Guide – whether Tribunal erred in its application of the only factor test in ss 23(1)(b) and (c), and 24(1)(b) and (c) of Veterans' Entitlement Act 1986 (Cth). Veterans' Entitlement Act 1986 (Cth) ss 19, 21A, 23, 24, 28, 29, 70 Flentjar v Repatriation Commission (1998) 48 ALD 1 referred to NEIL FRANCIS HUSBAND v REPATRIATION COMMISSION W 88 OF 2000 HILL, CARR & WEINBERG JJ 8 SEPTEMBER 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 88 OF 2000

On appeal from a Judge of the Federal Court of Australia

BETWEEN: NEIL FRANCIS HUSBAND

Appellant

AND: REPATRIATION COMMISSION

Respondent

JUDGES: HILL, CARR & WEINBERG JJ

DATE OF ORDER: 8 SEPTEMBER 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.