Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Roncevich v Repatriation Commission [2003] FCAFC 146 DEFENCE AND WAR – Veterans' Entitlements – whether injury is connected to defence service – failure to find whether consumption of alcohol in Sergeants' Mess a contributing cause to accident – whether participation in life of Sergeants' Mess an incident of service
Administrative Appeals Tribunal Act 1975 (Cth) s 44 Veterans' Entitlement Act 1986 (Cth) ss 70(1), 70(5), 70(9), 120(1), 120(3), 120(4)
Brutus v Cozens [1973] AC 854 – cited Goward v The Commonwealth (1957) 97 CLR 355 – applied Hansell v Repatriation Commission (1992) 38 FCR 202 – cited Hope v Bathurst City Council (1980) 144 CLR 1 – cited Henderson v Commissioner of Railways (WA) (1937) 58 CLR 281 - cited Lowerson v Repatriation Commission (1994) 50 FCR 252 – cited March v E & M H Stramare Pty Ltd (1991) 171 CLR 506 – cited NSW Associated Blue-Metal Quarries Ltd v Federal Commissioner of Taxation (1956) 94 CLR 509 – cited Repatriation Commission v Law (1981) 147 CLR 635 – cited Repatriation Commission v Tuite (1993) 39 FCR 540 – followed Roncevich v Repatriation Commission [2002] FCA 1458 – affirmed JURE JACK RONCEVICH v REPATRIATION COMMISSION D19 OF 2002 HEEREY, WHITLAM AND MARSHALL JJ 30 JUNE 2003 MELBOURNE (HEARD IN DARWIN)
IN THE FEDERAL COURT OF AUSTRALIA
DARWIN DISTRICT REGISTRY D19 OF 2002
BETWEEN: JURE JACK RONCEVICH
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: HEEREY, WHITLAM AND MARSHALL JJ
DATE OF ORDER: 30 JUNE 2003
WHERE MADE: MELBOURNE (HEARD IN DARWIN)
THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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