Repatriation Commission v Knight [2012] FCAFC 83

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Knight [2012] FCAFC 83 Citation: Repatriation Commission v Knight [2012] FCAFC 83

Appeal from: Knight v Repatriation Commission [2011] AATA 496

Parties: REPATRIATION COMMISSION v JACQUELINE KNIGHT

File number: NSD 1359 of 2011

Judges: FINN, GILMOUR & PERRAM JJ

Date of judgment: 6 June 2012

Catchwords: DEFENCE AND WAR – Veterans' entitlements – widow's pension claim – death of veteran from myocardial infarction following exposure to tobacco smoke in the Navy – application of Statement of Principles concerning Ischaemic Heart Disease (No 89 of 2007) to determine whether death was 'war-caused' – whether Tribunal considered connexion between service and death – whether Tribunal should instead have considered connexion between service and smoke exposure – whether Tribunal erroneously imposed a burden of proof – whether the last exposure to tobacco smoke during operational service must be within five years of the clinical onset of ischaemic heart disease in order for cl 6(i) of the Statement of Principles to be satisfied ADMINISTRATIVE LAW – Administrative Appeals Tribunal – whether Tribunal took irrelevant considerations into account – whether Tribunal failed to make necessary findings – whether Tribunal failed to give reasons – whether the Court, having detected error in the reasoning of the Tribunal, may nonetheless dismiss the appeal on the basis that, despite the error, the Tribunal's decision was plainly correct

Legislation: Veterans' Entitlements Act 1986 (Cth) ss 13(1)(a), 41(1), 120, 120A, 196B(14) Statement of Principles Concerning Ischaemic Heart Disease (No 89 of 2007) cll 5, 6(i)