Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
House v Defence Force Retirement & Death Benefits Authority [2002] FCA 65 DAVID RICHARD HOUSE v DEFENCE FORCE RETIREMENT AND DEATH BENEFITS AUTHORITY Q 128 of 2001 DRUMMOND J BRISBANE 6 FEBRUARY 2002
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 128 OF 2001
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: DAVID RICHARD HOUSE
APPLICANT
AND: DEFENCE FORCE RETIREMENT & DEATH BENEFITS AUTHORITY
RESPONDENT
JUDGE: DRUMMOND J
DATE OF ORDER: 6 FEBRUARY 2002
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 128 OF 2001
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: DAVID RICHARD HOUSE
APPLICANT
AND: DEFENCE FORCE RETIREMENT & DEATH BENEFITS AUTHORITY
RESPONDENT
JUDGE: DRUMMOND J
DATE: 6 FEBRUARY 2002
PLACE: BRISBANE
REASONS FOR JUDGMENT
1 This is an appeal under s 44 the Administrative Appeals Tribunal Act 1975 (Cth) ("the AAT Act") from a decision of the Tribunal that affirmed the respondent Authority's decision of 11 December 1998 to refuse Mr House's request for review of his incapacity classification under s 34 the Defence Force Retirement and Death Benefits Act 1973 (Cth) ("the DFRDB Act) and also varied the later decision of the Authority of 13 December 1999 to retain Mr House's classification of incapacity at 40% Class B, but only so as to classify the applicant at 30% Class B. The Tribunal dealt with both Mr House's applications for review in a single set of reasons. 2 On 29 May 1975, Mr House was retired from the army on a ground that denied him any entitlement to benefit under the DFRDB Act. In 1979 the Authority was advised by the Army Office that his mode of discharge had been changed to "medically unfit for further service" because of the impairments "alcoholism and alcoholic liver disease". He thereupon became entitled to invalidity benefit under s 26 the DFRDB Act. Section 30(1) of that Act provides:
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