Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Byrne v Repatriation Commission
[2001] FCA 1134
veterans' entitlements – where war-caused incapacity "substantial cause" of applicant's failure to obtain remunerative work within the meaning of s 24(2)(b) Veterans' Entitlement Act 1966 (Cth) Veterans' Entitlements Act 1986 (Cth) ss 24(1)(c), 24(2)(b)
Repatriation Commission v Smith (1987) 15 FCR 327 referred to Repatriation Commission v Maley (1991) 24 ALD 43, (1991) 14 AAR 278 referred to Birtles v Repatriation Commission (1991) 33 FCR 290 referred to Thomas v Repatriation Commission (1994) 50 FCR 112 referred to Flentjar v Repatriation Commission (1998) 48 ALD 1, (1997) 26 AAR 93 referred to Repatriation Commission v Flentjar (1997) 47 ALD 67 referred to
KEVIN LEWIS BYRNE v REPATRIATION COMMISSION N 425 OF 2001 GYLES J SYDNEY 17 AUGUST 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 425 OF 2001
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: KEVIN LEWIS BYRNE
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 17 AUGUST 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The respondent pay the applicant's costs. 3. The decision of the Administrative Appeals Tribunal dated 19 March 2001 be set aside. 4. The matter be remitted to the Administrative Appeals Tribunal for rehearing according to law. 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 425 OF 2001
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: KEVIN LEWIS BYRNE
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: GYLES J
DATE: 17 AUGUST 2001
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