Gleeson, E.A. v. The Repatriation Commission [1994] FCA 691

JUDGMENT NO. sou 2 Lalenal ews? Lin

CATCHWORDS VETERANS' AFFAIRS - appeal from Administrative Appeals Tribunal - application for pension upon death of veteran -

accepted that veteran had relevant operational service - whether death resulting from alcoholism was war-caused - whether Tribunal gave regard to the whole of the material before it - whether whole of the material raised some facts which gave rise to the hypothesis suggested - possible contradiction in documentary evidence leading to the conclusion_that there ~is. "no -evidence" on tthe topic - whether failure by Tribunal to address correct legal question

Veterans' Entitlements Act 1986 (Cth), s8, 8120(1), s120(3) Administrative Appeals Tribunal Act 1975 (Cth), 544

Byrnes v Repatriation Commission (1993) 177 CLR 564 at 569-70 Bushell v Repatriation Commission (1992) 175 CLR 408 at 416, ELIZABETH ANNE GLEESON v THE REPATRIATION COMMISSION No. NG 255 of 1994

Beaumont, Einfeld and Hill JJ. Sydney 28 September 1994

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

CORAM:

~~ eee

TR RY No. NG 255 of 1994 IN APPEAL FROM A DGE OF THE FEDERAL Tr OF AUSTRALIA

BETWEEN: ELIZABETH ANNE GLEESON Appellant

AND: THE REPATRIATION MMISSION Respondent

BEAUMONT, EINFELD AND HILL JJ.

WHERE MADE: SYDNEY

DATE:

28 SEPTEMBER 1994

MINUTE: RDER

RT_ ORDERS:

1.

2.

Appeal be allowed, with costs.

Set aside the orders made at first instance; in lieu thereof, order that the appeal from the decision of the Administrative Appeals Tribunal be allowed, with costs, and that the decision of the Administrative Appeals Tribunal be set aside and that the matter be remitted to a Tribunal differently constituted to be reheard in accordance with law.

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

IN THE FEDERAL COURT OF AUSTRALIA

) ) H DISTRICT REGISTRY ) No. NG 255 of 1994 ) )