Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 305 of 1998
BETWEEN: JESSIE HELEN SHELTON
Applicant
AND: THE REPATRIATION COMMISSION
Respondent
JUDGE: EMMETT J
DATE: 24 AUGUST 1998
PLACE: SYDNEY
the court orders that:
1. The appeal be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 305 of 1998
BETWEEN: JESSIE HELEN SHELTON
Applicant
AND: THE REPATRIATION COMMISSION
Respondent
JUDGE: EMMETT J
DATE: 24 AUGUST 1998
PLACE: SYDNEY
EX TEMPORE REASONS FOR JUDGMENT HIS HONOUR: Jessie Helen Shelton ("the Applicant") is the widow of William Shelton ("the Veteran") who died on 29 July 1995. The Veteran was born on 13 November 1921 and served in the Australian Regular Army from 29 December 1941 to 13 May 1946. It is common ground that he rendered operational service within the meaning of the Veterans Entitlements Act 1986 (Cth) ("the Act"). The Applicant made an application for benefits under the Act. On 6 September 1995, a delegate of the Repatriation Commission decided that the death of the Veteran was not causally related to his war service. That decision was reviewed and on 22 March 1996 the Veterans Review Board decided to affirm the decision under review such that the Commission's decision remained unchanged. The Applicant sought review of that decision by the Administrative Appeals Tribunal and on 14 March 1998 the Tribunal affirmed the decision under review. The Applicant now appeals to this Court pursuant to section 44 of the Administrative Appeals Tribunal Act 1975 (Cth). The issue before the Tribunal was whether the Veteran's death from myocardia infarction and ischaemic heart disease was war-caused. The determination of that issue involved the application of section 120 and 120A of the Act. Those sections relevantly provide as follows: 120(1)Where a claim … for a pension in respect of the … death of a veteran relates to the operational service rendered by the veteran, the Commission shall determine that the …death of the veteran was war-caused, …, unless it is satisfied, beyond reasonable doubt, that there is no sufficient ground for making that determination.
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