Pamment, Scotia Ada v The Repatriation Commission [1995] FCA 1043

CATCHWORDS ADMINISTRATIVE LAW - Appeal from decision of the Veterans' Appeals Division of the Administrative Appeals Tribunal - decision whether death of veteran was war-caused - whether opinion reasonably open to Commission - substantial element of unforeseeability. DEFENCE - Veterans' Entitlements - whether death of veteran was war-caused - s6(1)(n) Veterans' Entitlements Act 1986 (Cth) - proper construction of s6(1)(n) - whether open to Veterans' Appeals Division of Administrative Appeals Tribunal ("the Tribunal") to conclude death not war-caused - whether lack of mobility caused death - standard of proof under s120 Veterans' Entitlements Act - "operational service" to have more beneficial "reasonable hypothesis" standard of proof - construction of "actual service" - whether "continuous full-time service" denotes whole of each period during which circumstances were such as to attract the specified opinion of the Repatriation Commission - whether on standard of "reasonable satisfaction" death was war-caused - connection needs to be established, conjecture is not sufficient - whether death attributable to any eligible war-service rendered by the veteran. Veterans' Entitlements Act 1986 (Cth) s6(1)(n) Younger v Repatriation Commission (1992) 28 ALD 211 Repatriation Commission v Ahrenfeld (1991) 29 FCR 556 Dorothy May McKeown v Repatriation Commission, VG488 of 1993, 25 October 1995, Jenkinson J, unreported. Repatriation Commission v Kohn (1989) 87 ALR 511 Re Searle and Repatriation Commission (1993) 29 ALD 580 Treloar v Australian Telecommunications Commission (1990) 97 ALR 321 SCOTIA ADA PAMMENT v THE REPATRIATION COMMISSION No NG79 of 1995 Tamberlin J Sydney 22 December 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG79 of 1995 GENERAL DIVISION ) BETWEEN: SCOTIA ADA PAMMENT Applicant AND: THE REPATRIATION COMMISSION Respondent CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 22 DECEMBER 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicant pay the respondent's costs of the appeal. NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.