Repatriation Commission v Haskard [2002] FCA 1493

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Haskard [2002] FCA 1493 VETERANS AFFAIRS – disability pension – Special Rate pension – veteran carried on business of property valuer on own account – at time of application veteran undertook six valuations a year each requiring six or seven hours over a number of days – whether prevented from continuing to undertake the remunerative work that he last undertook before the application – relevance of incapacity to work more than eight hours a week – construction of s 24(2A)(d) of the Veterans' Entitlements Act 1986 (Cth) considered. STATUTORY INTERPRETATION – whether ordinary meaning of statute to be applied – whether affected by context including other sections of statute. WORDS & PHRASES – "last paid work"

Veterans' Entitlements Act 1986 (Cth) ss 23, 24(2A)(d), 24(2A)(g), 24(2B), 28 Carter v Repatriation Commission (2001) 33 AAR 343 followed Banovich v Repatriation Commission (1986) 6 AAR 113 discussed Clyne v Deputy Commissioner of Taxation (1981) 150 CLR 1 cited CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 cited Repatriation Commission v Vietnam Veterans' Association of New South Wales Branch Inc (2000) 48 NSWLR 548 cited K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309 cited REPATRIATION COMMISSION v HASKARD N 746 of 2002 HILL J 29 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 746 OF 2002

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: HOWARD HASKARD

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 29 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) the appeal be allowed. (2) the decision of the Tribunal be set aside. (3) it be declared that the provisions of s 24(2A) of the Veterans' Entitlements Act 1986 (Cth) did not apply to the Respondent. (4) the matter be remitted to the Tribunal to be dealt with in accordance with law. (5) leave is granted to the parties to apply to have the matter relisted on 48 hours notice if an issue arises requiring a costs order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.