Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hobbs v Repatriation Commission
[2002] FCA 560
VETERANS' ENTITLEMENTS – where applicant received special rate pension for defence-caused injury under Veterans' Entitlements Act 1986 (Cth) – where applicant received additional permanent impairment lump sum under Div 4 of Pt II of Safety, Rehabilitation and Compensation Act 1988 (Cth) – where Repatriation Commission deducted payments representing lump sum from pension – whether compensation for incapacity in s 74(3) of the Veterans' Entitlements Act included lump sum payment received under Div 4 of Pt II of the Safety, Rehabilitation and Compensation Act WORDS AND PHRASES – "incapacity", "compensation" Veterans' Entitlement Act (Cth) 1986, ss 21A, 22, 24, 74 Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 14(1), 19, 24(1), 27(1)
Apthorpe v Repatriation Commission (1987) 77 ALR 42 referred to ALAN HOBBS v REPATRIATION COMMISSION A 70 OF 2001 GYLES J SYDNEY (HEARD IN CANBERRA) 3 MAY 2002
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 70 OF 2001
BETWEEN: ALAN HOBBS
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 3 MAY 2002
WHERE MADE: SYDNEY (HEARD IN CANBERRA)
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant is to pay the costs of the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 70 OF 2001
BETWEEN: ALAN HOBBS
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: GYLES J
DATE: 3 MAY 2002
PLACE: SYDNEY (HEARD IN CANBERRA)
REASONS FOR JUDGMENT 1 This is an application pursuant to s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth), or in the alternative, pursuant to s 39B of the Judiciary Act 1903 (Cth), to review decisions of the Repatriation Commission ("the respondent") made in respect of payments made to the applicant pursuant to the Veterans Entitlement Act 1986 (Cth) ("the VE Act").
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