Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kattenberg v Repatriation Commission [2002] FCA 412
DEFENCE AND WAR – Veterans' entitlements – Statement of Principles – lumbar disc prolapse – depressive disorder – spondylosis - cigarette smoking – reasonable hypothesis - whether war-caused or "related to service rendered by" the Veteran – whether service aggravated existing condition - Veterans Entitlement Act 1986 (Cth), ss 120, 120A, 196B. Veterans Entitlements Act 1986 (Cth) ss 120, 120A, 196A, 196B
Bushell v Repatriation Commission (1992) 175 CLR 408 Bull v Repatriation Commission [2001] FCA 1832 Dennis Wilcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 FCR 267 ROBERT FRANK KATTENBURG V REPATRIATION COMMISION N 1675 OF 2001 EMMETT J 11 APRIL 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1675 OF 2001
BETWEEN: ROBERT FRANK KATTENBERG
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 11 APRIL 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the appeal be upheld in part; 2. the order of the Administrative Appeals Tribunal ("the Tribunal") made on 29 November 2001 be set aside; 3. the matter be remitted to the Tribunal for reconsideration according to law of the following hypotheses advanced on behalf of the applicant: i. The applicant's intervertebral disc prolapse is connected with his relevant service because the smoking by him of thirty pack years of cigarettes before 8 December 1988 was contributed to in a material degree by, or was aggravated by, that service, or would not have occurred but for the rendering of that service; and ii. The applicant's depressive disorder is connected with his operational service because the disciplinary charges laid against him during the course of that service constituted the experiencing of a severe psychosocial stressor within two years of the clinical worsening of that depressive disorder; 4. the respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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