Brew v Repatriation Commission [1999] FCA 494

FEDERAL COURT OF AUSTRALIA

Brew v Repatriation Commission [1999] FCA 494 VETERANS AFFAIRS – Hospital orderly – Leg pains during service – Subsequent diagnosis of varicose veins – Statement of Principles concerning varicose veins – Factors that must exist before it can be said, on balance of probabilities, that varicose veins connected with service – Inability to obtain appropriate clinical management for varicose veins – Meaning of "inability" – Repatriation Commission – Required to take into account any difficulties that lie in the way of ascertaining the existence of any fact, matter, cause or circumstance – Whether "difficulties" include lack of current day diagnostic techniques. Veterans' Entitlements Act 1986 ss 119(1)(h), 120(4), 120B(3)

SOPHY BREW v REPATRIATION COMMISSION VG 229 OF 1998 SUNDBERG J 23 APRIL 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 229 of 1998

BETWEEN: SOPHY BREW

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: SUNDBERG J

DATE OF ORDER: 23 APRIL 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant 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 229 of 1998

BETWEEN: SOPHY BREW

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: SUNDBERG J

DATE: 23 APRIL 1999

PLACE: MELBOURNE

REASONS FOR JUDGMENT

BACKGROUND 1 The applicant was in receipt of a pension under the Veterans' Entitlements Act 1986. She applied for an increase in the amount of the pension on the ground that the varicose veins from which she suffered were war‑caused. The respondent refused the application. That decision was affirmed by the Veterans' Review Board. The Board's decision was affirmed by the Administrative Appeals Tribunal. Pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 the applicant appeals to the Court from the Tribunal's decision.