Repatriation Commission v Parr [2003] FCA 970

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Parr [2003] FCA 970 REPATRIATION COMMISSION v PHILIP PARR N 176 of 2003 MOORE J 15 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 176 OF 2003

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: PHILIP PARR

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 15 SEPTEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal of 3 February 2003 be set aside. 2. The matter be remitted to the Administrative Appeals Tribunal to be heard and determined according to law. 3. No order as to costs. 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 176 OF 2003

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: PHILIP PARR

RESPONDENT

JUDGE: MOORE J

DATE: 15 SEPTEMBER 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT

Introduction 1 This is an appeal by the Repatriation Commission ("the Commission") under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth), from a decision of the Administrative Appeals Tribunal ("the Tribunal") of 3 February 2003. The respondent's claim for a disability pension was lodged on 21 September 2000. The delegate of the Commission refused the respondent's application on 27 October 2000. The Veteran's Review Board affirmed that decision on 13 November 2001. The respondent appealed to the Tribunal. The Tribunal set aside the decision of the delegate and substituted a decision, effective 15 June 2000, that the respondent suffered from generalised anxiety disorder and alcohol abuse which were war caused. The Commission appealed to the Federal Court on 3 March 2003. The parties have agreed that the Tribunal's decision should be set aside. They disagree about the form of order remitting the matter to the Tribunal.