Federal Court of Australia
JUDSMENT ito. 9S (OD,
sitet
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY ) No. G442 of 1987 ) )
GENERAL DIVISION
ON APPEAL from the Veterans' Appeals
Tribunal
BETWEEN: ALLEN WILLIAM BUSHELL Appellant AND: REPATRIATION COMMISSION Respondent CORAM: Davies, Gummow and Foster JJ. DATE: 8 February 1988 PLACE: Sydney
REASONS FOR JUDGMENT EX TEMPORE
The issue before the Administrative Appeals Tribunal was whether an anxiety state, which was attributable to war service, had contributed to a state of hypertension which the applicant, Mr Allen William Bushell, suffered. The factual issue was analogous to that considered in Repatriation
Commission v. O'Brien (1984) 155 C.L.R. 422 and in Sprod v.
Repatriation Commission 9 A.L.N. N16. Indeed, the medical
evidence given in the present matter was similar to that given
in the Sprod case.
Division of the Administrative Appeals
Toy
ins
2.
The legislation has altered, however, from that considered in those two decisions. The legislation, which applied to the matter before the Administrative Appeals Tribunal was that appearing in s.120, sub-sections (1) and (3)
of the Veterans' Entitlement Act 1986 which read:-
"120(1) Where a claim under Part II for a pension in respect of the incapacity from injury or disease of a veteran, or of the death of a veteran, relates to the operational service rendered by the veteran, the Commission shall determine that the injury was a war-caused injury, that the disease was a war-caused disease or that the death of the veteran was war-caused, as the case may be, unless it is satisfied, beyond reasonable doubt, that there is no sufficient ground for making that determination.
(3) In applying sub-section (1) or (2) in respect of the incapacity of a person from injury or disease, or in respect of the death of a person, related to service rendered by the person, the Commission shall be satisfied, beyond reasonable doubt, that there is no sufficient ground for determining -
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