Inglis, Herbert Austin v The Repatriation Commission [1983] FCA 106

Inglis, Herbert Austin v The Repatriation Commission [1983] FCA 106

The Tribunal was in error in excluding from its assessment any diminution of earning ability occasioned by pulmonary tuberculosis. The matter must be reconsidered to determine if incapacity to work, arising from loss of confidence due to pulmonary tuberculosis, affects pension entitlement and rate.

Parties
Appellant: Herbert Austin Inglis; Respondent: The Repatriation Commission
Jurisdiction
Australia
Judgment Date
31 May 1983
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Assessment of Incapacity, Diminution of Earning Ability, War Pension, Repatriation Act, Tribunal Review
Veterans' Entitlements Assessment of Incapacity Diminution of Earning Ability War Pension Repatriation Act Tribunal Review

Case Brief

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Parties

Herbert Austin Inglis

Appellant

The Repatriation Commission

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Did the Tribunal err in failing to consider diminution of earning ability occasioned by an accepted physical medical condition when assessing incapacity for pension purposes?
  2. 2 Should incapacity from underlying and persisting loss of confidence caused by pulmonary tuberculosis be considered in pension assessment?

Ratio Decidendi

The Tribunal was in error in excluding from its assessment any diminution of earning ability occasioned by pulmonary tuberculosis. The matter must be reconsidered to determine if incapacity to work, arising from loss of confidence due to pulmonary tuberculosis, affects pension entitlement and rate.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The decision appealed from is set aside.