Repatriation Commision v Wellington (1999) FCA 1552

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Wellington [1999] FCA 1552 ADMINISTRATIVE – Veteran's affairs – whether the Administrative Appeals Tribunal ("the AAT") erred in law by regarding appropriate clinical management as referable to current rather than the prevailing medical standards during the time of the veteran's war service – whether the AAT erred in law in finding that the veteran's disease was aggravated or contributed to by war service. Administrative Appeals Tribunal Act 1975 (Cth) s44(1)

Veterans' Entitlements Act 1986 (Cth) s120A

Repatriation Commission v Deledio (1998) 83 FCR 82, referred to

Brew v Repatriation Commission [1999] FCA 494, referred to

Keeley v Repatriation Commission [1999] FCA 1103, referred to

REPATRIATION COMMISSION v GEORGE HAROLD WELLINGTON V 90 of 1999 MARSHALL J MELBOURNE 11 NOVEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V90 OF 1999

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: GEORGE HAROLD WELLINGTON

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 11 NOVEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal of 2 February 1999 be set aside. 3. The respondent's decision of 19 December 1996 be affirmed. 4. There be no order as to costs. 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 V90 OF 1999

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: GEORGE HAROLD WELLINGTON

Respondent

JUDGE: MARSHALL J

DATE: 11 NOVEMBER 1999

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 This is an appeal by the applicant, the Repatriation Commission ("the Commission") from a decision of the Administrative Appeals Tribunal ("the AAT") made on 2 February 1999. The appeal is made pursuant to s44(1) of the Administrative Appeals Tribunal Act 1975 (Cth).