Sleep v Repatriation Commission

[2009] FCA 472

FEDERAL COURT OF AUSTRALIA

Sleep v Repatriation Commission [2009] FCA 472

KENNETH JOHN SLEEP v REPATRIATION COMMISSION

SAD 212 of 2008

KENNETH JOHN SLEEP v REPATRIATION COMMISSION
SAD 213 of 2008

BESANKO J
12 MAY 2009
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 212 of 2008

BETWEEN: KENNETH JOHN SLEEP
Applicant

AND: REPATRIATION COMMISSION
Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	12 MAY 2009
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The appeal be dismissed.

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

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 213 of 2008

BETWEEN:	KENNETH JOHN SLEEP Applicant
AND:	REPATRIATION COMMISSION Respondent

JUDGE:	BESANKO J
DATE OF ORDER:	12 MAY 2009
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

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

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 212 of 2008 SAD 213 of 2008

BETWEEN: KENNETH JOHN SLEEP
Applicant

AND: REPATRIATION COMMISSION
Respondent

JUDGE:	BESANKO J
DATE:	12 MAY 2009
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. Mr Kenneth John Sleep appeals to this Court from two decisions made by the Administrative Appeals Tribunal. Both decisions were made on 10 December 2008.

2. In Sleep v Repatriation Commission [2008] AATA 1100, the Tribunal made the following decision:

   “The Repatriation Commission decision of 5 July 2004, as affirmed by a review officer on 10 August 2007, which reduced Mr Sleep’s rate of service pension with effect from 20 July 2004 in reflection of an assets test which included the value of property at $140,000, is affirmed.”

3. In Sleep v Repatriation Commission [2008] AATA 1101, the Tribunal made the following decision:

   “The decision of the Repatriation Commissioner dated 13 August 2007, as affirmed by a decision of a review officer dated 19 March 2008, which reduced Mr Sleep’s rate of pension from 26 August 2007, is affirmed.”

4. A party to a proceeding before the Tribunal may appeal on a question of law from any decision of the Tribunal in that proceeding: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1).

5. The appeals were heard together, and each party made one set of written submissions in relation to both appeals. In substance, the applicant’s submissions were common to both appeals.

6. Sleep v Repatriation Commission [2008] AATA 1101 became Action Number SAD 212 of 2008 in this Court, and Sleep v Repatriation Commission [2008] AATA 1100 became Action Number SAD 213 of 2008. It is convenient to deal with the appeal in SAD 212 of 2008 first.

   SAD 212 of 2008

7. At all material times, the applicant was in receipt of a service pension under Part III of the Veterans’ Entitlements Act 1986 (Cth) (“the Act”) and his…