The Repatriation Commission v Webb, W.F. [1987] FCA 503

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JUDGMENT No. 503/21.

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CATCHWORDS

Veteran's Affairs - Veteran's Entitlements Act 1986 (s.120) -

onus of proof in relation to causation of medical condition -

"reasonable hypothesis" - aetiology of disease unknown.

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THE REPATRIATION COMMISSION v. WILLIAM FRANCIS WEBB

No. G279 of 1987

Beaumont, J. Sydney

16 September 1987

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IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G279 of 1987

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GENERAL DIVISION )

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: THE REPATRIATION COMMISSION Applicant AND: WILLIAM FRANCIS WEBB Respondent

MINUTES OF ORDER

Judge making order: Beaumont, J. Date order made: 16 September 1987

Where made: Sydney

THE COURT ORDERS:

l. Appeal allowed.

2. Decision of the Tribunal set aside; the matter remitted to the Tribunal for further consideration with the hearing of further evidence.

3. Liberty is reserved to the Commission to apply for costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G279 of 1987

) GENERAL DIVISION ) -

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN : THE REPATRIATION COMMISSION Applicant AND: WILLIAM FRANCIS WEBB Respondent

CORAM: Beaumont, J.

DATED: 16 September 1987

REASONS FOR JUDGMENT

Pursuant to s.44(1) of the Administrative Appeals

Tribunal Act (1975), the Repatriation Commission now "appeals" from a decision of that Tribunal that the chondro-sarcoma of the right humerus of Mr. Webb, the respondent, was due to war service for the purposes of the Veterans' Entitlement Act 1986 ("the

Act") and that the respondent was accordingly entitled to

pension.

The Tribunal stated the issue for its decision as