House, D.R. v Defence Force Retirement & Deaths Benefits Authority

David Richard House, the appellant, has appealed a decision of the Administrative Appeals Tribunal which affirmed a decision of the Defence Force Retirement and Death Benefits Authority, the respondent. The primary issue before the court was whether the Tribunal correctly identified the kinds of civil employment for which the applicant might reasonably undertake, in accordance with s.34(1A) of the Defence Force Retirement and Death Benefits Act 1973. The court held that the Tribunal had misapplied the statutory test by considering the prospects of the applicant actually obtaining employment as a backhoe operator, rather than focusing on the potential for the applicant to undertake such employment. The appeal was allowed and the matter was remitted to the Tribunal for further consideration in accordance with the court's reasons. The respondent was ordered to pay the applicant's costs.