Winch v Repatriation Commission [1999] FCA 408

FEDERAL COURT OF AUSTRALIA

Winch v Repatriation Commission [1999] FCA 408

VETERANS' ENTITLEMENTS - appeal from decision of primary judge affirming decision of Administrative Appeals Tribunal that appellant's condition was not war-caused within s 9 of the Veterans' Entitlements Act 1986 (Cth) – whether the primary judge erred in finding that the Administrative Appeals Tribunal had not erred in law when it decided that the hypothesis put forward by the appellant's expert was not a reasonable hypothesis – whether the primary judge erred in finding that the Administrative Appeals Tribunal had not breached its obligation to give the appellant procedural fairness Veterans' Entitlements Act 1986 (Cth), ss 9, 120 Administrative Appeals Tribunal Act 1975 (Cth), s 33(1)

Byrnes v Repatriation Commission (1993) 177 CLR 564, cited Repatriation Commission v Whetton (1991) 31 FCR 513, cited Transport Workers Union of Australia & Ors v Barry Hansch (unreported, Full Court of Industrial Relations Court of Australia, 7 September 1998), cited Re Coldham; ex parte Municipal Officers Association of Australia (1989) 84 ALR 208, cited

DONALD WINCH v REPATRIATION COMMISSION VG 525 of 1998 O'CONNOR, BRANSON and MARSHALL JJ MELBOURNE

19 APRIL 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 525 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: DONALD WINCH

Appellant

AND: REPATRIATION COMMISSION

Respondent

JUDGES: O'CONNOR, BRANSON and MARSHALL JJ

DATE OF ORDER: 19 APRIL 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal including reserved costs, if any. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.