McLeod-Dryden v Defence Honours and Awards Appeals Tribunal [2016] FCA 1138

McLeod-Dryden v Defence Honours and Awards Appeals Tribunal [2016] FCA 1138

The Tribunal did not commit jurisdictional or reviewable error in determining, on the eligibility criteria contained in the RVNAF Directive, that Mr McLeod-Dryden's service did not constitute at least six months' 'direct combat support' to the RVNAF during the relevant period, and therefore he was not eligible for the Republic of Vietnam Campaign Medal.

Parties
Applicant: Frederick Ian McLeod-Dryden; First Respondent: Defence Honours and Awards Appeals Tribunal; Second Respondent: Secretary of the Department of Defence
Jurisdiction
Australia
Judgment Date
23 September 2016
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Judicial Review, Honours and Awards, Eligibility Criteria, Defence Honours and Awards Appeals Tribunal
Administrative Law Judicial Review Honours and Awards Eligibility Criteria Defence Honours and Awards Appeals Tribunal

Case Brief

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Parties

Frederick Ian McLeod-Dryden

Applicant

Defence Honours and Awards Appeals Tribunal

First Respondent

Secretary of the Department of Defence

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal erred by misconstruing and misapplying the eligibility criteria for the Republic of Vietnam Campaign Medal (RVCM)
  2. 2 Whether the Tribunal erred by misconstruing and misapplying the concept of 'direct combat support'

Ratio Decidendi

The Tribunal did not commit jurisdictional or reviewable error in determining, on the eligibility criteria contained in the RVNAF Directive, that Mr McLeod-Dryden's service did not constitute at least six months' 'direct combat support' to the RVNAF during the relevant period, and therefore he was not eligible for the Republic of Vietnam Campaign Medal.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed.
  • The applicant pay the second respondent's costs of the application.