The Repatriation Commission v Yates, D.P. [1995] FCA 285

CATCHWORDS VETERANS' AFFAIRS - appeal from decision of the Administrative Appeals Tribunal that the respondent was entitled to payment of a pension for a "defence-caused disease" - defence-caused aggravation of a pre-existing disease deemed to be a "defence-caused" disease - distinction between defence-caused temporary worsening of symptoms and defence-caused aggravation of underlying disease - "aggravation" - whether aggravation of underlying disease must be permanent in order to give rise to entitlement to pension. Veterans' Entitlements Act 1986 ss 5 and 70. Re Heaps and Repatriation Commission (AAT, unreported, 29 July 1987). Banovich v Repatriation Commission (1986) 69 ALR 395. Asioty v Canberra Abattoir Pty Ltd (1989) 167 CLR 533. THE REPATRIATION COMMISSION v DARRYN PAUL YATES No NG 527 of 1994. Lindgren J Sydney 5 May 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 527 of 1994 GENERAL DIVISION )

On appeal from the Veterans' Appeals Division of the Administrative Appeals Tribunal constituted by Senior Member M D Allen, Dr J D Campbell and Rear Admiral A Horton AO. BETWEEN: THE REPATRIATION COMMISSION Applicant AND: DARRYN PAUL YATES Respondent CORAM: Lindgren J PLACE: Sydney DATE: 5 May 1995

MINUTE OF ORDERS THE COURT: 1. Orders that the appeal be allowed. 2. Orders that the decision of the Administrative Appeals Tribunal given 22 July 1994 in proceedings No P93/365 be set aside. 3. Orders that the matter be remitted to the Administrative Appeals Tribunal to be heard and decided in conformity with these Reasons for Judgment.

4. Stand the matter over to a date and time to be fixed for the making of submissions and orders in relation to costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.