Repatriation Commission v Nation, L

In the Federal Court of Australia, the Repatriation Commission appeals from orders made by Northrop J. setting aside a decision of the Administrative Appeals Tribunal and remitting the matter back to the Commission to determine de novo the rate of pension to be paid to the respondent, Lionel Nation. The appeal was dismissed. The respondent's claim for a disability pension, which was refused by the Commission, was remitted to the Tribunal which again affirmed the Commission's decision. The respondent appealed to the Court which allowed the appeal and remitted the matter back to the Tribunal. On remitter, the Tribunal again affirmed the Commission's decision. The respondent appealed to the Court for a second time which ordered that the Tribunal's decision be set aside and that the matter be remitted to the Commission to determine de novo the rate of pension to be paid to the respondent and the date from which that pension is to be paid. The Commission appealed from this part of the order. The Court held that the Tribunal went beyond its jurisdiction in embarking upon the sinusitis issue. The Court held that it was open to Northrop J., in the exercise of his judicial discretion, to make the substantive declaration. It was held that the Court should not interfere with the orders made by the primary Judge. The appeal was dismissed, with costs.