Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Van Ewijk v Repatriation Commission [2004] FCA 17 VETERANS' AFFAIRS – disability pension – special rate – application of s 24(1)(c) and s 24(2) of the Veterans' Entitlements Act 1986 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Income Tax Assessment Act 1936 (Cth) s 196 Veterans' Entitlements Act 1986 (Cth) ss 24(1), 24(2)
Cavel v Repatriation Commission (1988) 9 AAR 534 discussed Flentjar v Repatriation Commission (1997) 48 ALD 1 followed Forbes v Repatriation Commission (2000) 101 FCR 50 discussed Leane v Repatriation Commission [2003] FCA 889 cited Repatriation Commission v Hendy [2002] FCAFC 424 discussed TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 discussed PETER VAN EWIJK v REPATRIATION COMMISSION Q 108 OF 2003 STONE J 30 JANUARY 2004 SYDNEY (Heard in Brisbane)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 108 OF 2003
ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MEMBER WAY
BETWEEN: PETER VAN EWJIK
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 30 JANUARY 2004
WHERE MADE: SYDNEY (Heard in Brisbane)
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. 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 108 OF 2003
ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MEMBER WAY
BETWEEN: PETER VAN EWJIK
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: STONE J
DATE: 30 JANUARY 2004
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