Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Thomas v Repatriation Commission [2003] FCAFC 122 VETERAN AFFAIRS – veteran's entitlements – relevant Statement of Principles – whether disease war-caused – whether reasonable hypothesis connecting disease with circumstances of service Veterans' Entitlements Act 1986 (Cth) ss 9, 13, 120, 120(A) Federal Court of Australia Act ss 4, 24 Repatriation Commission v Gorton (2001) 110 FCR 321, [2001] FCA 1194 followed
Repatriation Commission v Keeley (2000) 98 FCR 108 followed
Minister for Immigration & Multicultural & Indigenous Affairs v Sochorova [2002] FCAFC 365 referred to
Driclad Pty Ltd v Commissioner of Taxation (Cth) (1998) 121 CLR 45 at 64 cited
Landsdal v REI Building Society (1993) 41 FCR 421 cited
JACK WILLIAM THOMAS v REPATRIATION COMMISSION D20 OF 2002 HEEREY, WHITLAM AND MARSHALL JJ DARWIN 30 MAY 2003
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY D20 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE COURT
BETWEEN: JACK WILLIAM THOMAS
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGES: HEEREY, WHITLAM AND MARSHALL JJ
DATE OF ORDER: 30 MAY 2003
WHERE MADE: DARWIN
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY D20 OF 2002
ON APPEAL FROM A SINGLE JUDGE OF THE COURT
BETWEEN: JACK WILLIAM THOMAS
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGES: HEEREY, WHITLAM AND MARSHALL JJ
DATE: 30 MAY 2003
PLACE: DARWIN
REASONS FOR JUDGMENT
THE COURT 1 This appeal raises for determination the question whether a Statement of Principles ("SoP"), which was in force at the time of a decision of the Administrative Appeals Tribunal ("the AAT"), is applicable on review of a decision of the respondent concerning whether the appellant's medical condition was war-caused.
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