Repatriation Commission v Nation, L

Case [1995] FCA 355


CATCHWORDS

DEFENCE AND WAR - Veterans' entitlements - disability pension - construction of order of remitter - extent of Administrative Appeals Tribunal's powers when hearing and determining a matter remitted to it by the Court - whether it was appropriate that the Court determine whether the veteran was entitled to a pension at a special rate - application of estoppel doctrine to the Tribunal

JUDGMENTS AND ORDERS - Construction of order of remitter - extent of Tribunal's powers when hearing and determining a matter remitted to it by the Court

Veterans' Entitlements Act 1986 s18
Administrative Appeals Tribunal Act 1975 s44

Gordon v. Gonda [1955] 1 All ER 762 - cons
ICI Australia Operations Pty Ltd v. Trade Practices Commission (1992) 38 FCR 248
Australian Consolidated Press Ltd v. Morgan (1965) 112 CLR 483 - cons
McNair Anderson Associates Pty Ltd v. Hinch (1985) VR 309 - cons
Kwikspan Purlin System Pty Ltd v. Federal Commissioner of Taxation (1986) 2 ATC 4602 - cons
Australian Energy Limited v. Lennard Oil N.L. (No. 2) (1988) 2 Qd R 230 - cons
Sharpe v. Goodhew, Drummond J., 11 December 1992, unreported - cons
Australian Securities Commission v. Skase, Drummond J., 13 January 1993, unreported - cons
Codelfa Construction Pty Ltd v. State Rail Authority of N.S.W. (1982) 149 CLR 337 - appl
The Commonwealth v. Verwayen (1990) 170 CLR 394 - cons
Walton v. Gardiner (1993) 177 CLR 378 - cons
Port of Melbourne Authority v. Anshun Proprietary (1981) 147 CLR 589 - cons
Lowerson v. Repatriation Commission (1994) 50 FCR 252 - appl

REPATRIATION COMMISSION v LIONEL NATION

No. TG 25 of 1994

BLACK C.J., JENKINSON AND BEAUMONT JJ.

SYDNEY

2 JUNE 1995


IN THE FEDERAL COURT OF AUSTRALIA  )
  )
TASMANIA DISTRICT REGISTRY        )    No. TG 25 of 1994
  )
GENERAL DIVISION                  )

ON APPEAL FROM A JUDGE OF THE
                FEDERAL COURT OF AUSTRALIA

BETWEEN:REPATRIATION COMMISSION

Appellant              

AND:LIONEL NATION

Respondent

CORAM:   BLACK C.J., JENKINSON AND BEAUMONT JJ.

DATE:    2 JUNE 1995

MINUTES OF ORDER

THE COURT ORDERS THAT:

1.Order 3 made by Northrop J. be varied to read as follows:

"Remit the matter to the Repatriation Commission to determine de novo the rate of pension to be paid to the applicant and the date from which that pension is to be paid."

2.The appeal otherwise is dismissed, with costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA    )
TASMANIA DISTRICT REGISTRY          )    No. TG25 of 1994
GENERAL DIVISION  )

On Appeal from a Judge of the Federal Court of Australia

BETWEEN:     REPATRIATION COMMISSION

Appellant

AND:     LIONEL NATION

Respondent

CORAM:     Black C.J., Jenkinson and Beaumont JJ.

PLACE:     Hobart, judgment delivered in Sydney

DATE:      2 June 1995    

REASONS FOR JUDGMENT      

BLACK CJ

I have had the advantage of reading the reasons for judgment prepared by Beaumont J.  I agree that the…

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AGLC
Repatriation Commission v Nation, L [1995] FCA 355
Case
[1995] FCA 355
Decision Date

CaseChat Overview and Summary

The Repatriation Commission appealed against orders made by Northrop J. setting aside a decision of the Administrative Appeals Tribunal affirming the Commission's decision refusing the respondent's claim for a pension in respect of a personality disorder and declaring that the respondent's obsessive compulsive neurosis was a war-caused disease for the purposes of s.13 of the Veterans' Entitlements Act 1986. The orders also remitted the matter to the Commission to determine the rate of pension. The Commission's grounds of appeal were that (i) the matter remitted to the Tribunal was the question whether the respondent's neurosis was a war-caused disease; (ii) in deciding that question, the Tribunal stood in the shoes of the original decision-maker, the Repatriation Commission; (iii) the Tribunal had the responsibility of deciding all matters necessary to determine that question; (iv) in deciding those matters, the Tribunal was required to decide for itself all matters of fact relevant to that question; and (v) in deciding those matters, the Tribunal was not confined to considering whether the respondent's nasal operation caused or contributed to his obsessive compulsory neurosis. It was further contended by the Commission that Northrop J. should not have held that the Tribunal failed to apply the standard of proof prescribed by s.120. It was then said for the Commission that the primary Judge erred in the adjectival area by making substantive orders on an appeal on a question of law from the Tribunal's decision; by holding that the respondent was entitled to the special rate of pension under s.24; and by declaring that the respondent's neurosis was a war-caused disease for the purposes of s.13. The appeal was dismissed with costs. The Court varied order 3 made at first instance by adding the words "de novo" after the word "determine".

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