Bull v Repatriation Commission [2001] FCA 1832

FEDERAL COURT OF AUSTRALIA

Bull v Repatriation Commission [2001] FCA 1832 ADMINISTRATIVE LAW – VETERANS' AFFAIRS – veterans' entitlements – appeal from decision of primary judge on application for review of decision of Administrative Appeals Tribunal on claim by widow for pension – whether Tribunal misapplied test of whether a reasonable hypothesis connecting death to war service was raised on material before it – what is required or meant by a reasonable hypothesis – hypothesis must be pointed to – nature of Tribunal's function at hypothesis stage – where Tribunal held reasonable hypothesis not raised on material – where primary judge held no error of law by Tribunal in deciding that question of fact – no error in primary judge holding Tribunal's conclusion open to it – appeal dismissed.

WORDS AND PHRASES – "reasonable"; "hypothesis"; "reasonable hypothesis" Veterans Entitlements Act 1986 (Cth) s 120, s 120A Administrative Appeals Tribunal Act 1975 (Cth) s 44 East v Repatriation Commission (1987) 16 FCR 517 applied Repatriation Commission v Keeley (2000) 98 FCR 108 referred to Repatriation Commission v Gorton (2001) 33 AAR 370; [2001] FCA 1194 referred to Repatriation Commission v Deledio (1998) 83 FCR 82 referred to and not followed in part Repatriation Commission v O'Brien (1985) 155 CLR 422 referred to National Mutual v Campbell (2000) 99 FCR 562 referred to Webb v Repatriation Commission (1988) 19 FCR 139 referred to Repatriation Commission v Whetton (1991) 31 FCR 513 referred to Bell v Repatriation Commission (1992) 26 ALD 545 referred to Repatriation Commission v Bey (1997) 79 FCR 364 referred to Gleeson v Repatriation Commission (1994) 34 ALD 505 referred to Repatriation Commission v Owens (1996) 70 ALJR 904 referred to R v Connell; Ex parte The Hetton Bellbird Collieries Ltd (1994) 69 CLR 407 referred to Bankstown Municipal Council v Fripp (1916) 26 CLR 385 referred to Foley v Padley (1984) 154 CLR 349 referred to Buck v Bavone (1976) 135 CLR 110 referred to Corporation of the City of Enfield v Development Assistance Commission (2000) 199 CLR 135 referred to Boucaut Bay Co (In Liq) v The Commonwealth (1927) 40 CLR 98 referred to FCT v Brian Hatch Timber Co (Sales) Pty Ltd (1972) 128 CLR 28 referred to FCT v Bayly (1952) 86 CLR 506 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Australian Heritage Commission v Mount Isa Mines (1997) 187 CLR 297 referred to Minister for Immigration v Eshetu (1999) 197 CLR 611 referred to Owens v Repatriation Commission (1994) 35 ALD 278 referred to Owens v Repatriation Commission (1995) 59 FCR 559 referred to Steed v Minister for Immigration and Ethnic Affairs (1981) 37 ALR 620 referred to Bisley Investment Corp v ABT (1982) 40 ALR 233 referred to FCT v Caneiro (1988) 15 ALD 368 referred to Joan Bull v Repatriation Commission No N1099 of 2001 MOORE, EMMETT and ALLSOP JJ 21 DECEMER 2001 SYDNEY