Tomlin, William Noel v Repatriation Commission [1997] FCA 705

Tomlin, William Noel v Repatriation Commission [1997] FCA 705

The Tribunal did not err in law in its application of s 24(1)(c); it correctly assessed whether the applicant, but for his war-caused disabilities, probably would have continued working at the relevant date and found on the evidence that this was not established to the statutory standard of probability. Thus, the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
01 August 1997
Procedural Posture
Appeal / Judgment on Appeal From the Veterans' Appeals Division of the Administrative Appeals Tribunal
Outcome
Appeal dismissed with costs
Legal Topics
['disability Pension Eligibility' "application of S 24(1)(c) Veterans' Entitlements Act 1986" 'special Rate Pension Criteria' 'economic Loss Assessment' 'legal Error in Administrative Decision Making']
['administrative Law' "veterans' Affairs Law"] ['disability Pension Eligibility' "application of S 24(1)(c) Veterans' Entitlements Act 1986" 'special Rate Pension Criteria' 'economic Loss Assessment' 'legal Error in Administrative Decision Making']

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Procedural Posture

Appeal / Judgment on Appeal From the Veterans' Appeals Division of the Administrative Appeals Tribunal

Legal Issues

  1. 1 ["Whether the Tribunal correctly applied s 24(1)(c) of the Veterans' Entitlements Act 1986 regarding loss of earnings due to war-caused disability" "Whether the Tribunal misunderstood or misapplied the 'alone' test in determining causal connection between incapacity and economic loss"]

Ratio Decidendi

The Tribunal did not err in law in its application of s 24(1)(c); it correctly assessed whether the applicant, but for his war-caused disabilities, probably would have continued working at the relevant date and found on the evidence that this was not established to the statutory standard of probability. Thus, the appeal must be dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal is dismissed with costs.']