Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McKenna v Repatriation Commission [1999] FCA 323 VETERANS' AFFAIRS – Veterans' Entitlement Act 1986 (Cth) – war-caused disease – Statements of Principle – hypothesis including sub-hypotheses – whether each sub-hypothesis required to be supported by a Statement of Principle. Veterans' Entitlement Act 1986 (Cth), ss 9, 120, 120A, 196B Bushell v Repatriation Commission (1992) 175 CLR 408, considered Byrnes v Repatriation Commission (1993) 177 CLR 564, considered Repatriation Commission v Deledio (1998) 27 AAR 144, considered KEVIN JOHN McKENNA v REPATRIATION COMMISSION VG 353 of 1998 BRANSON, SUNDBERG AND KENNY JJ 29 MARCH 1999 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 353 OF 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: KEVIN JOHN McKENNA
Appellant
AND: REPATRIATION COMMISSION
Respondent
JUDGES: BRANSON, SUNDBERG and KENNY JJ
DATE OF ORDER: 29 MARCH 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 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 353 OF 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: KEVIN JOHN McKENNA
Appellant
AND: REPATRIATION COMMISSION
Respondent
JUDGES: BRANSON, SUNDBERG and KENNY JJ
DATE: 29 MARCH 1999
PLACE: MELBOURNE
REASONS FOR JUDGMENT
Introduction 1 The appellant ("Mr McKenna") has appealed from a judgment of a judge of this Court (Justice Goldberg) whereby his Honour set aside a decision of the Administrative Appeals Tribunal ("the Tribunal"). The Tribunal had affirmed a decision of the Veterans' Review Board ("the Board") which had set aside a decision of the Repatriation Commission ("the Commission") and in lieu thereof determined that Mr McKenna's ischaemic heart disease and atherosclerotic peripheral vascular disease were each a "war-caused disease" within the meaning of s 9 of the Veterans' Entitlements Act 1986 (Cth) ("the Act"). The judgment of Goldberg J ordered that Mr McKenna's application to the Board for review of the decision of the Commission be dismissed. The effect of his Honour's judgment is that Mr McKenna's ischaemic heart disease and atherosclerotic peripheral vascular disease are not to be regarded as war-caused diseases within the meaning of s 9 of the Act. 2 The grounds of the appeal from his Honour's judgment are as follows:
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