Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McLean v Repatriation Commission [2001] FCA 1505 VETERANS' AFFAIRS - claim by widow of veteran for pension on grounds that death of husband was war-caused – whether reasonable hypothesis connecting the veteran's injury with war service – application of Statements of Principles – reasonableness of hypothesis. Veterans' Entitlements Act 1986 (Cth) ss 14, 120, 120A Byrnes v Repatriation Commission (1993) 177 CLR 564, applied Repatriation Commission v Bey (1997) 79 FCR 364, applied Repatriation Commission v Deledio (1998) 83 FCR 82, applied Bushell v Repatriation Commission (1992) 175 CLR 408, applied JOYCE LEONIE McLEAN v REPATRIATION COMMISSION N 357 of 2001 WHITLAM, MADGWICK & DOWSETT JJ 26 OCTOBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 357 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JOYCE LEONIE McLEAN
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGES: WHITLAM, MADGWICK & DOWSETT JJ
DATE OF ORDER: 26 OCTOBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed with 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 N 357 OF 2001
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JOYCE LEONIE McLEAN
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGES: WHITLAM, MADGWICK & DOWSETT JJ
DATE: 26 OCTOBER 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT
THE COURT:
History 1 On 13 June 1995 the present appellant lodged a claim for a pension pursuant to s 14 of the Veterans' Entitlements Act 1986 (Cth) (the "Act"), the basis of her claim being the death of her husband (the "veteran") on 24 August 1953. This claim was rejected and such rejection advised to the appellant by letter dated 4 July 1995. That decision was subsequently affirmed by the Veterans' Review Board on 6 March 1996. On 17 October 1997, the Administrative Appeals Tribunal set aside the decision and determined that the appellant was entitled to a pension. This decision was the subject of a successful application for review in the Federal Court (Davies J), judgment being given on 17 April 1998. The matter was remitted to the Tribunal for further hearing. On 22 June 2000 the Tribunal affirmed the decision of the Commission dated 4 July 1995 and the subsequent decision of the Veterans' Review Board dated 6 March 1996. Tamberlin J dismissed the appellant's application for review, and she now appeals to the Full Court.
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