Benjamin v Repatriation Commission [2001] FCA 1879

FEDERAL COURT OF AUSTRALIA

Benjamin v Repatriation Commission [2001] FCA 1879 VETERANS' AFFAIRS – entitlement to disability pension – characterisation of condition – whether decision maker obliged to limit determination to case articulated by applicant – standard of proof – stages of decision making envisaged by Veterans' Entitlements Act 1986 – whether a Statement of Principles made under Part XIA of Veterans' Entitlements Act 1986 relevant to diagnosis of relevant injury, disease or death – whether appellant entitled to pension at special rate as provided by s 24 Veterans' Entitlements Act 1986 Veterans' Entitlements Act 1986 (Cth) ss 9, 13, 14, 24, 120, 120A Grant v Repatriation Commission [1999] FCA 1629 cited Repatriation Commission v Budworth [2001] FCA 1421 cited DAVID HEDLEY JEFFERY BENJAMIN v REPATRIATION COMMISSION N 943 OF 2001 MOORE, EMMETT & ALLSOP JJ 21 DECEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 943 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: DAVID HEDLEY JEFFERY BENJAMIN

APPELLANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGES: MOORE, EMMETT & ALLSOP JJ

DATE OF ORDER: 21 DECEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be upheld. 2. The orders of the primary judge be set aside. 3. In lieu of those orders, the decision of the Tribunal be set aside 4. The matter be remitted to the Tribunal for determination, according to law, of the question of whether the Veteran suffers from a war caused disease other than PTSD. 5. The respondent pay the appellant's costs of the application and the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA