Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Symons v Repatriation Commission [2001] FCA 534
DEFENCE AND WAR – Ex-servicemen – veterans' entitlements – application for pension in respect of cervical spondylosis – applicable statement of principles – whether applicable statement of principles one in force at time of Commission's decision refusing pension or at time of decision of Administrative Appeals Tribunal or at any time between those two times at which a statement of principles more favourable to veteran was in force Repatriation Commission v Keeley (2000) 98 FCR 108 discussed Gorton v Repatriation Commission [2001] FCA 286 discussed
PETER SYMONS v REPATRIATION COMMISSION N 1381 OF 2000 LINDGREN J
9 MAY 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1381 OF 2000
ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MRS M T LEWIS (SENIOR MEMBER) AND DR P D LYNCH (MEMBER)
BETWEEN: PETER SYMONS
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 9 MAY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1381 OF 2000
ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MRS M T LEWIS (SENIOR MEMBER) AND DR P D LYNCH (MEMBER)
BETWEEN: PETER SYMONS
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: LINDGREN J
DATE: 9 MAY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 The applicant ("Mr Symons") appeals under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) ("the AAT Act") from a decision of the Administrative Appeals Tribunal ("the Tribunal") given on 28 November 2000. By that decision the Tribunal affirmed two decisions of the respondent ("the Commission") refusing to grant Mr Symons a pension under the Veterans' Entitlements Act 1986 (Cth) ("the Act"). The first decision was one given on 11 June 1996 by which the Commission refused a claim made by Mr Symons on or about 5 September 1995 of Cervical Spondylosis. The second decision was one given on 17 April 1997 by which the Commission refused a claim made by Mr Symons on or about 27 March 1997 of Post Traumatic Stress Disorder ("PTSD"). 2 On 11 April 1997, Mr Symons lodged with the Veterans' Review Board ("the Board") an application for review of the first decision. On 28 April 1997 he lodged with the Board an application for review of the second decision. 3 On 21 October 1997 the Board affirmed both decisions and Mr Symons was advised accordingly on 3 November 1997. On 3 February 1998 he lodged with the Tribunal his application for review of both decisions.
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