Howard v Repatriation Commission [1999] FCA 1030

FEDERAL COURT OF AUSTRALIA

Howard v Repatriation Commission [1999] FCA 1030 VETERANS ‑ Disability pension ‑ Statements of Principles ‑ Claim for post traumatic stress disorder as a result of "experiencing a stressor" during service ‑ Claim for hypertension resulting from psychoactive substance abuse or dependence, which developed as a result of "experiencing a stressful event" during service ‑ Whether Tribunal erred in failing to consider hypertension claim ‑ Whether hypothesis linking post traumatic stress disorder with veteran's service ‑ Whether hypothesis "consistent with" Statement of Principles for post traumatic stress disorder Veterans' Entitlements Act 1986 ss 120, 120A, 196B Deledio v Repatriation Commission (1997) 47 ALD 261 applied Repatriation Commission v Deledio (1998) 27 AAR 144 applied McKenna v Repatriation Commission (1999) 86 FCR 143 cited Repatriation Commission v Law (1980) 31 ALR 140 cited DAVID GEORGE HOWARD v REPATRIATION COMMISSION VG 561 OF 1998 SUNDBERG J 30 JULY 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 561 OF 1998

BETWEEN: DAVID GEORGE HOWARD

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: SUNDBERG J

DATE OF ORDER: 30 JULY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The matter be remitted to the Administrative Appeals Tribunal to be determined according to law.

3. The respondent pay the applicant's costs of the appeal.

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 561 OF 1998

BETWEEN: DAVID GEORGE HOWARD

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: SUNDBERG J

DATE: 30 JULY 1999