Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Arnott v Repatriation Commission [2000] FCA 1336
VETERANS AFFAIRS ‑ Operational service ‑ Lumbar spondylosis ‑ Whether war caused ‑ Statement of Principles containing factors connecting lumbar spondylosis with service ‑ Administrative Appeals Tribunal applies wrong Statement of Principles ‑ Correct Statement of Principles in substantially same terms ‑ Whether matter should be remitted ‑ Acute symptoms and signs of pain ‑ Meaning of "acute" ‑ Tribunal required to take into account any difficulties that lie in way of ascertaining existence of any fact or circumstance ‑ Meaning. Veterans' Entitlements Act 1986 ss 9, 119, 120, 120A Repatriation Commission v Deledio (1998) 83 FCR 82 applied Keeley v Repatriation Commission [2000] FCA 222 applied Harris v Repatriation Commission [2000] FCA 873 considered Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Repatriation Commission v Bey (1997) 79 FCR 364 cited Repatriation Commission v Stares (1996) 66 FCR 594 cited Repatriation Commission v Nicholson (unreported, 7 February 1995) distinguished Byrnes v Repatriation Commission (1993) 177 CLR 564 cited ROBERT JOSIAH ARNOTT v REPATRIATION COMMISSION VG 399 OF 1999 SUNDBERG J 19 SEPTEMBER 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 399 OF 1999
BETWEEN: ROBERT JOSIAH ARNOTT
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: SUNDBERG J
DATE OF ORDER: 19 SEPTEMBER 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondent's costs of the application including the costs reserved on 5 September 2000.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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