Repatriation Commission v McDermid [2016] FCAFC 179

Repatriation Commission v McDermid [2016] FCAFC 179

On the natural and ordinary meaning of s 74(2) of the Veterans' Entitlements Act 1986 (Cth), and in light of the statute's focus on incapacity from a particular injury, "that injury" referred to the lumbar spine condition for which Mr McDermid received Compensation Act compensation. The fact that his Veterans' Entitlements Act pension also reflected other injuries did not prevent s 74 from applying to reduce the pension; the primary judge erred in holding otherwise.

Jurisdiction
Australia
Judgment Date
14 December 2016
Procedural Posture
Appeal / Full Court Appeal From Mc Dermid V Repatriation Commission [2016] FCA 372, (2016) 150 ALD 55
Outcome
The appeal should be allowed; the Court directed the parties to file proposed orders to give effect to the reasons.
Legal Topics
['compensation Payable for Incapacity in Respect of Spine Condition' "pension Under the Veterans' Entitlements Act 1986 (cth)" 'reduction of Pension by Reason of Compensation Already Being Received' 'natural and Ordinary Meaning of Statutory Words']
["veterans' Entitlements" 'administrative Law' 'statutory Interpretation'] ['compensation Payable for Incapacity in Respect of Spine Condition' "pension Under the Veterans' Entitlements Act 1986 (cth)" 'reduction of Pension by Reason of Compensation Already Being Received' 'natural and Ordinary Meaning of Statutory Words']

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Procedural Posture

Appeal / Full Court Appeal From Mc Dermid V Repatriation Commission [2016] FCA 372, (2016) 150 ALD 55

Legal Issues

  1. 1 ["Whether s 74(2) of the Veterans' Entitlements Act 1986 (Cth), before amendment on 15 September 2011, applied to reduce Mr McDermid's pension where he received compensation under the Compensation Act for a lumbar spine condition and his Veterans' Entitlements Act pension was payable in respect of incapacity from that condition and other injuries." 'Whether the phrase "that injury" in s 74(2) referred to the same particular injury for which compensation was payable or required the pension to be payable in respect of that injury alone.']

Ratio Decidendi

On the natural and ordinary meaning of s 74(2) of the Veterans' Entitlements Act 1986 (Cth), and in light of the statute's focus on incapacity from a particular injury, "that injury" referred to the lumbar spine condition for which Mr McDermid received Compensation Act compensation. The fact that his Veterans' Entitlements Act pension also reflected other injuries did not prevent s 74 from applying to reduce the pension; the primary judge erred in holding otherwise.

Court Disposition

The appeal should be allowed; the Court directed the parties to file proposed orders to give effect to the reasons.

Orders

  • ['No later than 2:15 pm on Friday 16 December 2016, the Appellant, having conferred with the Respondent, file an agreed minute of proposed orders to give effect to the reasons for judgment delivered on Wednesday 14 December 2016.' 'In the event that the parties disagree about the proposed orders, each party file...