Repatriation Commission v Jenkins, Roy Neil [1997] FCA 192

CATCHWORDS DEFENCE AND WAR - Ex-Servicemen - Pensions - claim for a pension on basis that veteran's brain tumour was war-caused - requirement that material before Repatriation Commission raise "reasonable hypothesis" that tumour was war-caused - where material consists primarily of an hypothesis postulated by one medical expert - whether hypothesis raised more than a mere possibility - whether conflict between medical opinions sufficient to make hypothesis unreasonable. Veterans' Entitlement Act 1986 - s 9, sub-ss 120(1) and (3) Administrative Appeals Tribunals Act 1975 - sub-s 44(1) Bushell v Repatriation Commission (1992) 175 CLR 408 Byrnes v Repatriation Commission (1993) 177 CLR 564 Repatriation Commission v Webb (1987) 76 ALR 131 East v Repatriation Commission (1987) 16 FCR 517 Collector of Customs v Pressure Tanks Pty Ltd (1993) 115 ALR 1 REPATRIATION COMMISSION v ROY NEIL JENKINS No VG 411 of 1996 CORAM: Foster, Lindgren, North JJ PLACE: Melbourne DATE: 26 March 1997

IN THE FEDERAL COURT OF AUSTRALIA) VICTORIA DISTRICT REGISTRY ) No VG 411 of 1996 GENERAL DIVISION ) On appeal from a Judge of the Federal Court of Australia

BETWEEN: REPATRIATION COMMISSION Appellant AND: ROY NEIL JENKINS Respondent JUDGES MAKING ORDERS: Foster, Lindgren, North JJ PLACE: Melbourne DATE: 26 March 1997

MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) VICTORIA DISTRICT REGISTRY ) No VG 411 of 1996 GENERAL DIVISION ) On appeal from a Judge of the Federal Court of Australia