Repatriation Commission v Gorton [2001] FCA 1194

Repatriation Commission v Gorton [2001] FCA 1194

The appeal was dismissed because the Court would not reconsider or depart from Keeley, the AAT was required to assess Mr Gorton's pension entitlement by reference to the Statement of Principle current at the time of its review and, if necessary, by reference to any accrued right under the earlier Statement of Principle, and the primary judge was correct that 'daily consumption of alcohol' in Statement of Principle No 83 of 1995 was not confined to literal consumption every day without exception but could include 'just about daily' consumption.

Jurisdiction
Australia
Judgment Date
18 September 2001
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia / Full Court Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
["veterans' Entitlements" 'statements of Principle' 'accrued Rights' 'administrative Appeals Tribunal Review' 'war Caused Disease' "construction of 'daily Consumption of Alcohol'" 'reconsideration of Earlier Full Court Authority']
['administrative Law' "veterans' Affairs" 'practice and Procedure'] ["veterans' Entitlements" 'statements of Principle' 'accrued Rights' 'administrative Appeals Tribunal Review' 'war Caused Disease' "construction of 'daily Consumption of Alcohol'" 'reconsideration of Earlier Full Court Authority']

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia / Full Court Appeal

Legal Issues

  1. 1 ['Whether the Full Court should reconsider Repatriation Commission v Keeley (2000) 98 FCR 108.' 'Whether a claimant had an accrued right to have a pension claim reviewed by reference to the Statement of Principle in force at the time of the claim or Commission decision, despite later revocation.' 'Whether the Administrative Appeals Tribunal was obliged to apply the Statement of Principle current at the time of its review where that Statement of Principle was more favourable to the claimant.' "Whether 'daily consumption of alcohol' in Statement of Principle No 83 of 1995 meant consumption literally every day or could include 'just about daily' consumption."]

Ratio Decidendi

The appeal was dismissed because the Court would not reconsider or depart from Keeley, the AAT was required to assess Mr Gorton's pension entitlement by reference to the Statement of Principle current at the time of its review and, if necessary, by reference to any accrued right under the earlier Statement of Principle, and the primary judge was correct that 'daily consumption of alcohol' in Statement of Principle No 83 of 1995 was not confined to literal consumption every day without exception but could include 'just about daily' consumption.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of the proceeding."]