Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Borrett v Repatriation Commission [2000] FCA 1829
ADMINIsTRATIVE LAW – repatriation Commission – whether the AAT erred in holding the applicant's husband's death was not war-caused – whether the AAT made factual findings as to causation rather than deciding whether a reasonable hypothesis was raised on the evidence – where the AAT held there was no reasonable hypothesis connecting the death and the war service – where the AAT was satisfied beyond reasonable doubt that the death was not war-caused Veterans' Entitlements Act 1986 ss 120 & 120A Byrnes v Repatriation Commission (1993) 177 CLR 564 followed Repatriation Commission v Deledio (1998) 83 FCR 82 followed Repatriation Commission v Bey (1977) 79 FCR 364 distinguished Bushell v Repatriation Commission (1992) 175 CLR 408 followed Dixon v Repatriation Commission (1999) 29 AAR 235 followed MARGUERITE BORRETT v REPATRIATION COMMISSION N 743 OF 2000 TAMBERLIN J SYDNEY 15 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N743 OF 2000
BETWEEN: MARGUERITE BORRETT
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 15 DECEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for review is upheld. 2. The decision of the AAT is set aside. 3. The matter is remitted to the AAT for determination in accordance with law. 4. The respondent is to pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N743 OF 2000
BETWEEN: MARGUERITE BORRETT
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: TAMBERLIN J
DATE: 15 DECEMBER 2000
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