Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gorton v Repatriation Commission [2001] FCA 286
ADMINISTRATIVE LAW – judicial review of decision of Administrative Appeals Tribunal ("AAT") – veteran's entitlements – error of law – whether the AAT properly applied the test in Repatriation Commission v Deledio (1998) 83 FCR 82 – whether the AAT ought to have applied the Statement of Principles in effect at the time of its decision WORDS AND PHRASES – "daily" Veterans' Entitlements Act 1986 (Cth) ss 5D(2), 9, 13, 120, 120A, 138, 139, 196B
Repatriation Commission v Deledio (1998) 83 FCR 82 considered Repatriation Commission v Keeley (2000) 98 FCR 108 distinguished Arnott v Repatriation Commission [2001] FCA 262 referred to Harris v Repatriation Commission [2000] FCA 1687 referred to Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 at 589 followed Life Insurance Co of Australia Ltd v Phillips (1925) 36 CLR 60 followed Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 followed London County Council v South Metropolitan Gas Company [1903] 2 Ch 532 at 537-538 distinguished Foster v Howard [1949] VLR 311 at 31 followed
RAYMOND GORTON v REPATRIATION COMMISSION N 980 OF 2000 STONE J SYDNEY 21 MARCH 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 980 OF 2000
BETWEEN: RAYMOND GORTON
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 21 MARCH 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. the application be allowed;
2. the decision of the Administrative Appeals Tribunal be set aside;
3. the matter be remitted to the Administrative Appeals Tribunal for determination in accordance with the law;
4. the respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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