Repatriation Commission v Cotton

[2006] FCA 1523

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Cotton [2006] FCA 1523

CORRIGENDUM

REPATRIATION COMMISSION v GEOFFREY COTTON

NSD 1587 OF 2006

RARES J
16 NOVEMBER 2006 (CORRIGENDUM 20 NOVEMBER 2006)
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1587 OF 2006

ON APPEAL FROM THE VETERANS’ APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY REAR ADMIRAL HORTON AO, MEMBER, AND DR M E C THORPE, MEMBER

BETWEEN:	REPATRIATION COMMISSION Applicant
AND:	GEOFFREY COTTON Respondent
JUDGE:	RARES J
DATE:	16 NOVEMBER 2006
WHERE MADE:	SYDNEY

CORRIGENDUM

In paragraphs [10] and [11] replace the two instances of the word ‘Rice’ with the word ‘Fice’.

I certify that the preceding one (1) paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.

Associate:
Dated:   20 November 2006

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Cotton
[2006] FCA 1523

VETERANS’ AFFAIRS – veterans’ entitlements – disability pension – eligible war service – hypertension – consumption of alcohol – Statement of Principles – whether Administrative Appeals Tribunal erred in failing to apply all the elements required by the relevant Statement of Principles in respect of hypertension – meaning of “cannot be decreased to less than 300 gms per week” – Veterans’ Entitlements Act 1986 (Cth) ss 7(1)(b), 9(1), 120, 196B

PRACTICE & PROCEDURE – appeals – notice of appeal – whether notice of appeal complies with requirements to state a question of law – decision of Administrative Appeals Tribunal to vary decision of Veterans’ Review Board – requirement to state questions of law with precision in appeal from Tribunal – Administrative Appeals Tribunal Act 1975 (Cth) s 44(1)

ADMINISTRATIVE LAW – appeal – question of law – appeal on question of law – Appeal from Administrative Appeals Tribunal decisions limited to questions of law – Administrative Appeals Tribunal Act 1975 (Cth) s 44(1)

WORDS & PHRASES – “cannot be decreased”

Held – no error of construction on part of Tribunal; question of law not properly raised in notice of appeal

Administrative Appeals Tribunal Act 1975 (Cth) s 44(1)
Veterans’ Entitlements Act 1986 (Cth) ss 7(1)(b), 9(1)(b), 120(4), 120B(3), 196B
Federal Court Rules O 53 r 3(2)
Statement of Principles Instrument Number 36 of 2003, as amended by Number 4 of 2004 - Hypertension

29 Equities Ltd v Bank Leumi (UK) Ltd [1986] 1 WLR 1490 considered
Australian Securities and Investment Commission v DB Management Pty Limited (2000) 199 CLR 321 applied
Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 133 FCR 290 applied
CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 cited
Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 cited
Comcare v Etheridge (2006) 149 FCR 522 applied
HBF Health Funds Inc v Minister for Health and Ageing (2006) 149 FCR 291 followed
In Re Judiciary and Navigation Acts (1921) 29 CLR 257 cited
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied
Public Transport Commission (NSW)…