Horne, Gladys v The Repatriation Commission [1996] FCA 958

CATCHWORDS DEFENCE AND WAR - appeal from decision of the Administrative Appeals Tribunal upholding a decision of the Repatriation Commission refusing war widow's pension - connection between death of veteran and war service - Tribunal required to find death war-caused unless satisfied beyond reasonable doubt that no sufficient ground for so finding - Commission required to be so satisfied if of opinion that material does not raise reasonable hypothesis connecting death with war service - relationship between requirements - whether Tribunal may make assumptions in formulating hypothesis - whether verification of raised facts giving rise to the hypothesis necessary to the ascertainment of the hypothesis or only as to whether the hypothesis is accepted. Veteran's Entitlements Act (Cth): s120. Bushell v Repatriation Commission (1992) 175 CLR 408; discussed and applied. Byrnes v Repatriation Commission (1993) 177 CLR 564; discussed and applied. Gilbert v Repatriation Commission (1989) 86 ALR 713; referred to. Repatriation Commission v Stares (Full Court, unreported, 28 May 1996); referred to. GLADYS HORNE v THE REPATRIATION COMMISSION

No NG 698 of 1995 HILL J SYDNEY 8 NOVEMBER 1996

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 698 of 1995 ) GENERAL DIVISION )

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN: GLADYS HORNE Applicant AND: THE REPATRIATION COMMISSION Respondent

CORAM: HILL J PLACE: SYDNEY DATED: 8 NOVEMBER 1996 MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The matter be remitted to the Administrative Appeals Tribunal to be heard again in accordance with these reasons. 2. The respondent pay the applicant's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.