Federal Court of Australia
JUDGMENT NO. son Sschcdenal cab ee CATCHWORDS
MIN Vv. LAW - Veterans Entitlements - whether adenocarcinoma of the colon was a war-caused disease - whether the Tribunal erred in law in its reasons for decision - whether Tribunal erred in its interpretation of "reasonable hypothesis" within s.120.
Administrative Appeals Tribunal Act 1975, s.44 Veterans' Entitlements Act 1986, s.120
WENS v_ REPA' TION CO! SSION NG1000 of 1993
LOCKHART J. 3 NOVEMBER 1994 SYDNEY
FEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTRY
IN_ THE FEDERAL COURT OF AUSTRALIA SOU! WALES DISTRICT REGISTRY
GENERAL DIVISION
No. G1000 of 1993
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BETWEEN: ALBERT JAMES OWENS
Applicant AND: REPATRIATION COMMISSION Respondent JUDGE MAKING ORDER: LOCKHART J. WHERE ORDER MADE: SYDNEY DATE ORDER MADE: 3 NOVEMBER 1994
MINUTE OF ORDER
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondent's costs of the application.
NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
H COURT OF AUS LIA
NEW _SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. G1000 of 1993
wwe www
BETWEEN: ALBERT JAMES OWENS
Applicant
AND: REPATRIATION COMMISSION
Respondent
3 November 1994
REASONS FOR JUDGMENT LOCKHART J. This is an appeal, on a question of law, pursuant to s. 44(1) of the Administrative Appeals Tribunal Act 1975 (the AAT Act) from a decision of the Administrative Appeals Tribunal,
Veterans' Appeals Division (the Tribunal).
The Tribunal (constituted by Deputy President B J McMahon, Dr J D Campbell and Vice Admiral D W Leach) affirmed a decision of the Repatriation Commission (the Commission) dated 3 June 1988 which refused a claim made by the applicant, Albert James Owens, for pension on the grounds that certain medical conditions were not war-caused diseases. One of the conditions was adenocarcinoma of the colon (bowel cancer). Before the Tribunal, the claim in relation to the other conditions was either withdrawn by the applicant or conceded by the Commission. Thus, the only question left for determination by the Tribunal was whether adenocarcinoma of
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