Sheehy, Michael Brian v Repatriation Commission [1996] FCA 417

Sheehy, Michael Brian v Repatriation Commission [1996] FCA 417

The Veteran did not 'perform' or 'successfully undertake' remunerative work as a storeman; thus, he did not meet the requirement in s 24(1)(c) of the Veterans' Entitlements Act 1986 for Special Rate pension. Short, unsuccessful periods of employment do not suffice.

Parties
Appellant: Michael Brian Sheehy; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
30 May 1996
Procedural Posture
Appeal / Full Court Appeal From a Single Judge of the Federal Court, Concerning Orders Made on Judicial Review of an Administrative Appeals Tribunal Decision
Outcome
Appeal allowed in part; otherwise dismissed
Legal Topics
Veterans' Entitlements, Interpretation of S 24 Veterans' Entitlements Act, Special TPI Pension Rate, Remunerative Work Requirement
Administrative Law Veterans' Entitlements Interpretation of S 24 Veterans' Entitlements Act Special TPI Pension Rate Remunerative Work Requirement

Case Brief

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Parties

Michael Brian Sheehy

Appellant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Full Court Appeal From a Single Judge of the Federal Court, Concerning Orders Made on Judicial Review of an Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 Proper construction of s 24(1)(c) Veterans' Entitlements Act 1986—whether 'undertaking' remunerative work requires performance or merely undertaking obligation to do so
  2. 2 Whether short periods of employment constitute undertaking remunerative work for the purpose of s 24(1)(c)

Ratio Decidendi

The Veteran did not 'perform' or 'successfully undertake' remunerative work as a storeman; thus, he did not meet the requirement in s 24(1)(c) of the Veterans' Entitlements Act 1986 for Special Rate pension. Short, unsuccessful periods of employment do not suffice.

Court Disposition

Appeal allowed in part; otherwise dismissed

Orders

  • The order that the Appellant pay the Respondent's costs is set aside
  • Otherwise the appeal is dismissed