Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Flynn [2000] FCA 643
DEFENCE AND WAR- veterans' entitlements - war widow's pension - whether certain material was excluded or ignored by the Administrative Appeals Tribunal - whether the material before the Administrative Appeals Tribunal pointed to the reasonable hypothesis. Veterans' Entitlements Act 1986(Cth) s 120 Bushell v Repatriation Commission (1992) 175 CLR 408 Appl Repatriation Commission v Owens (1996) 70 ALJR 904 cited Repatriation Commission v Bey (1997) 79 FCR 364 Foll Repatriation Commission v Webb (1998) 51 ALD 575 Cited Byrnes v Repatriation Commission (1993) 177 CLR 564 Appl Repatriation Commission v Keeley [1999] FCA 532 Foll East v Repatriation Commission (1987) 16 FCR 517 Appr REPATRIATION COMMISSION v JUNE VIOLA FLYNN QG 32 OF 1998 REPATRIATION COMMISSION v THERESA CONNOLLY QG 33 OF 1998 COOPER J BRISBANE 17 MAY 2000
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG32 OF 1998
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
CONSTITUTED BY DEPUTY PRESIDENT BREEN, DR J B MORLEY
AND PROFESSOR B A SMITHURST
BETWEEN: REPATRIATION COMMISSION
APPLICANT
AND: JUNE VIOLA FLYNN
RESPONDENT
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG33 OF 1998
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
CONSTITUTED BY DEPUTY PRESIDENT BREEN, DR J B MORLEY
AND PROFESSOR B A SMITHURST
BETWEEN: REPATRIATION COMMISSION
APPLICANT
AND: THERESA CONNOLLY
RESPONDENT
JUDGE: COOPER J
DATE OF ORDER: 17 MAY 2000
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. Each application is dismissed. 2. The applicant pay June Viola Flynn her costs of and incidental to the application, including reserved costs, if any, to be taxed if not agreed. 3. The applicant pay Theresa Connolly her costs of and incidental to the application, including reserved costs, if any, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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