Gibson v Repatriation Commission [2000] FCA 739

FEDERAL COURT OF AUSTRALIA

Gibson v Repatriation Commission [2000] FCA 739

Veterans' Affairs ) Administrative law ) – natural justice – point decided adversely to applicant after indication from AAT that no address was required – whether setting aside of decision would be futile – correct test.

Veterans' Entitlements Act 1986 (Cth), s 70 Repatriation Commission v Keeley [2000] FCA 532 Ogston v Repatriation Commission (1999) 86 FCR 578 Colpitts v Australian Telecommunications Commission (1986) 9 FCR 52 Commonwealth v Human Rights and Equal Opportunity Commission (X's Case) (1998) 76 FCR 513 X v Commonwealth of Australia (1999) 167 ALR 529 Stead v State Government Insurance Commission (1986) 161 CLR 141

PAUL ANTONIO GIBSON v REPATRIATION COMMISSION W 74 of 1999 BURCHETT, LEE AND HELY JJ 6 JUNE 2000 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 74 of 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: PAUL ANTONIO GIBSON

Appellant

AND: REPATRIATION COMMISSION

Respondent

JUDGES: BURCHETT, LEE AND HELY JJ

DATE OF ORDER: 6 JUNE 2000

WHERE MADE: PERTH

THE COURT ORDERS THAT: (1) The appeal be allowed with costs; (2) The order below dismissing the application to the Court be set aside, and in lieu thereof it be ordered that, in so far as the decision of the Administrative Appeals Tribunal fails to decide that the conditions claimed by the appellant in respect of his knees, in particular osteochondromatosis and osteoarthritis of the knees, are suffered by the appellant and are defence-caused within the meaning of s 70 of the Veterans' Entitlements Act 1986, those matters be remitted to the Tribunal for decision according to law; and (3) The respondent pay the appellant's costs of the application to the Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.