Repatriation Commission v. Wright, B.M. [1987] FCA 430

Repatriation Commission v. Wright, B.M. [1987] FCA 430

For the reasons given in Smith (No. T5 of 1987), the appeal was allowed because the Tribunal considered the wrong date and misapplied the standard of proof; the matter was to be reconsidered with correct legal tests applied.

Parties
Applicant: Repatriation Commission; Respondent: Byron Maxwell Wright
Jurisdiction
Australia
Judgment Date
10 August 1987
Procedural Posture
Appeal / Appeal From a Decision of the Veterans' Appeals Division of the Administrative Appeals Tribunal
Outcome
Appeal allowed
Legal Topics
Disability Pension, Special Rate Pension, Interpretation of Veterans' Entitlements Act 1986, Interpretation of Administrative Appeals Tribunal Act 1975, Standard of Proof, Criteria for Pension Eligibility
Veterans' Affairs Disability Pension Special Rate Pension Interpretation of Veterans' Entitlements Act 1986 Interpretation of Administrative Appeals Tribunal Act 1975 Standard of Proof Criteria for Pension Eligibility

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Parties

Repatriation Commission

Applicant

Byron Maxwell Wright

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the criteria in s.24 of the Veterans' Entitlements Act 1986 are to be considered at the date of application or retirement
  2. 2 Whether eligibility for special rate depends upon existence of continuing economic loss
  3. 3 The proper interpretation of s.120(4) of the Act (standard of proof)

Ratio Decidendi

For the reasons given in Smith (No. T5 of 1987), the appeal was allowed because the Tribunal considered the wrong date and misapplied the standard of proof; the matter was to be reconsidered with correct legal tests applied.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed with costs.
  • The Tribunal's decision be set aside and the matter remitted to the Tribunal to be heard and decided again with the hearing of further evidence.