Jebb, E.K. v Repatriation Commission [1988] FCA 170

Jebb, E.K. v Repatriation Commission [1988] FCA 170

The Tribunal erred in law by considering only the applicant’s entitlement as at the application date, rather than across the period from application to decision. The proper approach is to consider entitlement throughout the period within the tribunal's jurisdiction, as supported by statutory provisions and case law.

Parties
Applicant: Edmund Kenneth Jebb; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
15 April 1988
Procedural Posture
Appeal / Appeal From the Veterans' Division of the Administrative Appeals Tribunal
Outcome
Decision under appeal set aside and matter remitted for reconsideration.
Legal Topics
Veterans' Entitlements, Pensions, Special Rate, Intermediate Rate, Retroactive Entitlement, Review Powers
Administrative Law Veterans' Entitlements Pensions Special Rate Intermediate Rate Retroactive Entitlement Review Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 24 Party arguments 2
Sign in to unlock

Parties

Edmund Kenneth Jebb

Applicant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Appeal From the Veterans' Division of the Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal erred in considering entitlement to pension only as of the application date
  2. 2 Whether the legislative amendments affect entitlement assessment
  3. 3 Whether Tribunal can consider entitlement across period between application and decision

Ratio Decidendi

The Tribunal erred in law by considering only the applicant’s entitlement as at the application date, rather than across the period from application to decision. The proper approach is to consider entitlement throughout the period within the tribunal's jurisdiction, as supported by statutory provisions and case law.

Court Disposition

Decision under appeal set aside and matter remitted for reconsideration.

Orders

  • The decision under appeal be set aside.
  • The matter be remitted to the Administrative Appeals Tribunal to be heard and decided again, with or without the taking of further evidence.