Repatriation Commission v Swinden [2001] FCA 1147

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Swinden [2001] FCA 1147

V 619 of 1999 REPATRIATION COMMISSION v LEONARD BUTTELL SWINDEN RYAN J 20 AUGUST 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 619 of 1999

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: LEONARD BUTTELL SWINDEN

Respondent

JUDGE: RYAN J

DATE OF ORDER: 20 AUGUST 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal ("the Tribunal") of 12 October 1999 be set aside. 3. The matter be remitted to the Tribunal to be heard and determined according to law. 4. There be no order as to the costs of the application to this Court.

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 V 619 of 1999

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: LEONARD BUTTELL SWINDEN

Respondent

JUDGE: RYAN J

DATE: 20 AUGUST 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 The applicant, the Repatriation Commission ("the Commission"), appeals pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision by the Administrative Appeals Tribunal ("the Tribunal") to the effect that it was not satisfied beyond a reasonable doubt that the respondent's incapacity caused by diverticular disease of the colon ("DDC") did not arise from a war-caused injury. In consequence, the Tribunal assessed the pension payable to Mr Swinden at 100% of the General Rate.