Federal Court of Australia
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CATCHWORDS
VETERANS' ENTITLEMENTS - Pension claim - Death of veteran from cancer of unknown aetiology - Necessity for "reasonable hypothesis" linking death to war service - What constitutes a reasonable hypothesis — Relevance of evidence of quantum of
exposure - Methodology of respondent's expert witness in
commenting upon hypothesis advanced on behalf of applicant.
Veterans' Entitlements Act 1986 ss.8, 9, 13, 119, 120. Repatriation Act 1920 (now repealed) s.47. Administrative Appeals Tribunal Act 1975 s.44.
WA G.130 of 1986 EVELYN NELLIE EAST v_REPATRIATION COMMISSION
Jenkinson, Neaves and Wilcox JJ Sydney 22 July 1987
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY No. WA G.130 of 1986
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GENERAL DIVISION
On Appeal from the Veterans' Appeals Division of the Administrative Appeals Tribunal
BETWEEN: EVELYN NELLIE EAST
Applicant
AND: REPATRIATION COMMISSION
Respondent CORAM: JENKINSON, NEAVES and WILCOX JJ PLACE: SYDNEY DATE: 22 JULY 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The applicant pay to the respondent its 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
WESTERN AUSTRALIA DISTRICT REGISTRY No. WA G.130 of 1986
GENERAL DIVISION
On Appeal from the Veterans' Appeals Division of the Administrative Appeals Tribunal
BETWEEN: EVELYN NELLIE EAST
Applicant
AND: REPATRIATION COMMISSION
Respondent CORAM: JENKINSON, NEAVES and WILCOX JJ PLACE: SYDNEY DATE: 22 JULY 1987
REASONS FOR JUDGMENT
THE COURT: This appeal raises, in a novel legislative setting, a familiar problem: the appropriate response to a claim for a pension, consequent upon the death of a war veteran, where the effective cause of that death 1s not able to be established. The conceptual foundation for the payment of such a pension is the existence of a causal link between the service and the death of the veteran; but the chronic
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