The Commonwealth of Australia v Smith [2009] FCAFC 175

The Commonwealth of Australia v Smith [2009] FCAFC 175

Section 30C did not apply because the pension was paid for incapacity arising from PTSD and duodenal ulcers, whereas the settled common law compensation payment was paid in respect of the injury described as "Severe Shock" and expressly excluded PTSD and duodenal ulcer. Even if there were a dispute about whether both payments concerned the same incapacity, they were not for incapacity from the same injury, which is required by the ordinary operation of s 30C(1).

Jurisdiction
Australia
Judgment Date
16 December 2009
Procedural Posture
Administrative Law Appeal Concerning Veterans' Entitlements and the Construction of S 30 C of the Veterans' Entitlements Act 1986 (cth) / Full Court Appeal From the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['double Dipping' 'disability Pension for War Caused Injury or Disease' 'lump Sum Common Law Compensation' "statutory Construction of Veterans' Entitlements Act 1986 (cth) S 30 C" 'incapacity From the Same Injury or Disease']
['administrative Law' "veterans' Entitlements"] ['double Dipping' 'disability Pension for War Caused Injury or Disease' 'lump Sum Common Law Compensation' "statutory Construction of Veterans' Entitlements Act 1986 (cth) S 30 C" 'incapacity From the Same Injury or Disease']

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Procedural Posture

Administrative Law Appeal Concerning Veterans' Entitlements and the Construction of S 30 C of the Veterans' Entitlements Act 1986 (cth) / Full Court Appeal From the Federal Court of Australia

Legal Issues

  1. 1 ["Whether Veterans' Entitlements Act 1986 (Cth) s 30C applied to require repayment or offsetting of disability pension after settlement of a common law negligence action." 'Whether the lump sum compensation payment and the pension were paid in respect of incapacity from the same injury or disease.' 'How the expression "incapacity from that injury" in s 30C(1)(c) should be construed.']

Ratio Decidendi

Section 30C did not apply because the pension was paid for incapacity arising from PTSD and duodenal ulcers, whereas the settled common law compensation payment was paid in respect of the injury described as "Severe Shock" and expressly excluded PTSD and duodenal ulcer. Even if there were a dispute about whether both payments concerned the same incapacity, they were not for incapacity from the same injury, which is required by the ordinary operation of s 30C(1).

Court Disposition

Appeal dismissed with costs.

Orders

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