Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Beezley v Repatriation Commission [2015] FCA 78 Citation: Beezley v Repatriation Commission [2015] FCA 78
Appeal from: Beezley and Repatriation Commission [2014] AATA 495
Parties: JOHN BEEZLEY v REPATRIATION COMMISSION
File number: VID 478 of 2014
Judge: BROMBERG J
Date of judgment: 17 February 2015
Catchwords: DEFENCE AND WAR – application by veteran for special rate pension pursuant to s 24(2A) of the Veterans' Entitlements Act 1986 (Cth) – whether a finding made by the Tribunal as to whether the veteran performed work of a particular kind raised a question of law in relation to the phrase "remunerative work" – whether factual finding made that veteran was not performing any work after turning 65 years of age was made in a manner which raised an error of law – no error of law – appeal dismissed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 44(1) Corporations Act 2001 (Cth) ss 499, 530A, 530A(2)(c), 530A(3) Veterans' Entitlements Act 1986 (Cth) ss 5Q, 22, 23, 24, 24(1), 24(2A), 24(2A)(d), 24(2A)(e), 24(2A)(f), 24(2A)(g)
Cases cited: Beezley v Repatriation Commission [2014] AATA 495 Repatriation Commission v Connell (2011) 197 FCR 228 Price Street Professional Centre Pty Ltd v Commissioner of Taxation (2007) 243 ALR 728 Waterford v Commonwealth (1987) 163 CLR 54 Minister for Immigration and Multicultural Affairs v Al-Miahi (2001) 65 ALD 141 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Parks Holdings Pty Ltd (t/as Gladstone Chemicals) v Chief Executive Officer of Customs (2004) 81 ALD 365
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