Besson v Repatriation Commission [2014] FCA 881

FEDERAL COURT OF AUSTRALIA

Besson v Repatriation Commission [2014] FCA 881 Citation: Besson v Repatriation Commission [2014] FCA 881

Appeal from: Application for extension of time: Besson v Repatriation Commission [2014] FCCA 123

Parties: PETER PHILIP BESSON v REPATRIATION COMMISSION

File number: QUD 258 of 2014

Judge: RANGIAH J

Date of judgment: 22 August 2014

Catchwords: DEFENCE AND WAR – application under ss 120 and 120A of the Veterans' Entitlements Act 1986 (Cth) – veteran made a claim for a pension for incapacity on the basis that his post-traumatic stress disorder was war-caused – whether the Administrative Appeals Tribunal correctly applied the third step outlined in Repatriation Commission v Deledio (1998) 83 FCR 82 – application for extension of time to appeal decision of Administrative Appeals Tribunal – whether an extension of time within which to file a notice of appeal should be granted – application dismissed

Legislation: Veterans Entitlements Act 1986 (Cth) ss 13(1), 120 and 120A Federal Court Rules 2011 (Cth) rr 1.39, 36.03 and 36.05

Cases cited: Border v Repatriation Commission (No 2) (2010) 191 FCR 163 applied Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 cited Collins v Administrative Appeals Tribunal (2007) 163 FCR 35 applied Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited Jess v Scott (1986) 70 ALR 185 cited MZYTT v Minister for Immigration & Citizenship [2013] FCA 76 cited Repatriation Commission v Deledio (1998) 83 FCR 82 applied