Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
REPATRIATION - veteran's pension - whether disease caused by war service - whether reasonable hypothesis - differing medical opinions - approach to assessment of medical evidence - rejection of medical opinion a question of fact in the particular case.
Veterans' Entitlements Act 1986 S 120
Bushell v Repatriation Commission (1992) 175 CLR 408 applied
Byrnes v Repatriation Commission (1993) 177 CLR 564
East v Repatriation Commission (1987 16 FCR 517
Gilbert v Repatriation Commission (1989) 86 ALR 713
Jenkins v Repatriation Commission (1996) 137 ALR 729
Horne v Repatriation Commission (Hill J, 8 November 1996, unreported)
MAXWELL WILLIAM LEVIER v REPATRIATION COMMISSION
VG 878 OF 1995
FRENCH J
PERTH (HEARD IN MELBOURNE)
2 DECEMBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 878 of 1995
GENERAL DIVISION
On appeal from the veterans' appeal division
of the administrative appeals tribunal
constituted by Mrs j.r. dwyer, senior member
mr a. argent and mr j. brassil, members
BETWEEN: maxwell william levier
aPPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 2 DECEMBER 1997
WHERE MADE: PERTH (Heard in melbourne)
THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The Applicant is to 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.
IN THE FEDERAL COURT OF AUSTRALIA
victoria DISTRICT REGISTRY VG 878 of 1995
general division
On appeal from the veterans' appeal division
of the administrative appeals tribunal
constituted by Mrs j.r. dwyer, senior member
mr a. argent and mr j. brassil, members
BETWEEN: maxwell william levier
aPPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
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