Grundman v Repatriation Commission [2001] FCA 892

FEDERAL COURT OF AUSTRALIA

Grundman v Repatriation Commission [2001] FCA 892

VETERANS' AFFAIRS –Veterans' entitlements – finding that veteran not prevented from continuing to undertake remunerative work by reason of war-caused incapacity alone – whether adequate reasons for decision – two periods of incapacity – failure to make an assessment of rate of pension in respect of first period – whether substantive declaration appropriate Veterans' Entitlements Act 1986 (Cth) ss 19, 22, 24, 119 Veterans' Affairs (1994-1995 Budget Measures) Legislation Amendment Act 1994 (Cth) s 17 Repatriation Commission v Strickland (1990) 22 ALD 10, considered Repatriation Commission v Smith (1987) 15 FCR 327, cited Brackenreg v Comcare Australia (1995) 56 FCR 335, cited Steed v Minister for Immigration & Ethnic Affairs (1981) 37 ALR 620, cited Kumar v Immigration Review Tribunal (1992) 36 FCR 544, referred to Repatriation Commission v Flentjar (1997) 47 ALD 67, approved Thanh Phat Ma v Billings (1997) 142 ALR 158, referred to Repatriation Commission v Nation (1995) 57 FCR 25, followed VERNA RUTH GRUNDMAN v REPATRIATION COMMISSION V 626 of 2000 GRAY J 12 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 626 of 2000

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: VERNA RUTH GRUNDMAN

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 12 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1 To the extent that the Administrative Appeals Tribunal decided that, during the period from 29 April 1993 to 3 July 1994, the appropriate rate of pension payable to the late Mr Grundman was 50 per cent of the general rate: (a) the appeal be allowed; and (b) that part of the tribunal's decision be set aside. 2 The matter be remitted to the Administrative Appeals Tribunal for determination of the appropriate rate of pension payable to Mr Grundman during the period from 29 April 1993 to 3 July 1994. 3 Otherwise, the appeal be dismissed. 4 The respondent pay the applicant's costs of the proceeding up to and including 2 May 2001. 5 The applicant pay the respondent's costs on and from 3 May 2001, including the costs of the hearing. 6 On any taxation of costs, the amount the respondent is liable to pay be set off against the amount the applicant is liable to pay and the balance be paid by the party liable to pay the greater amount. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.