Forbes v Repatriation Commission [2000] FCA 328

Forbes v Repatriation Commission [2000] FCA 328

The Tribunal did not err in law. The question whether the veteran was, by reason of the war-caused condition "alone", prevented from continuing remunerative work had to be answered by reference to all the circumstances in which the war-caused condition existed. A non war-caused condition that was not alone sufficient to prevent work could still have that preventative effect in combination with the war-caused condition. The Tribunal was therefore entitled to find that the applicant was prevented from continuing work as a transport company manager/driver by a combination of lumbar spondylosis and thoracic spondylosis, and that he did not satisfy the "alone" test in s 24(1)(c).

Jurisdiction
Australia
Judgment Date
24 March 2000
Procedural Posture
Appeal Pursuant to S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth) on a Question of Law / Federal Court Judgment on Appeal From an Administrative Appeals Tribunal Decision Dated 6 August 1999
Outcome
Appeal dismissed.
Legal Topics
['disability Pension' 'special Rate of Pension' 'war Caused Incapacity' 'question of Law Appeal' 'construction of the Word "alone" in S 24(1)(c) of the Veterans\' Entitlements Act 1986']
["veterans' Affairs" 'administrative Law'] ['disability Pension' 'special Rate of Pension' 'war Caused Incapacity' 'question of Law Appeal' 'construction of the Word "alone" in S 24(1)(c) of the Veterans\' Entitlements Act 1986']

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Procedural Posture

Appeal Pursuant to S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth) on a Question of Law / Federal Court Judgment on Appeal From an Administrative Appeals Tribunal Decision Dated 6 August 1999

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal erred in law in concluding that the applicant was not, by reason of incapacity from war-caused condition alone, prevented from continuing to undertake remunerative work.' 'Whether the Tribunal misunderstood or misapplied the word "alone" in s 24(1)(c) of the Veterans\' Entitlements Act 1986.' 'Whether a non war-caused condition that is not by itself sufficient to prevent remunerative work may nevertheless be considered in combination with a war-caused condition under s 24(1)(c).']

Ratio Decidendi

The Tribunal did not err in law. The question whether the veteran was, by reason of the war-caused condition "alone", prevented from continuing remunerative work had to be answered by reference to all the circumstances in which the war-caused condition existed. A non war-caused condition that was not alone sufficient to prevent work could still have that preventative effect in combination with the war-caused condition. The Tribunal was therefore entitled to find that the applicant was prevented from continuing work as a transport company manager/driver by a combination of lumbar spondylosis and thoracic spondylosis, and that he did not satisfy the "alone" test in s 24(1)(c).

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) be dismissed.' "The applicant pay the respondent's taxed costs of and incidental to the application."]