Repatriation Commission v Cornelius [2002] FCA 750

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Cornelius [2002] FCA 750

VETERANS' AFFAIRS – whether a disease suffered by a veteran is connected with the circumstances of the particular war service rendered – whether respondent's condition of carpal tunnel syndrome was war‑caused – whether the evidence before the Administrative Appeals Tribunal raised the connection as a "reasonable hypothesis" – whether evidence before the Tribunal capable of pointing to the clinical onset of the respondent's carpal tunnel syndrome within relevant time period

Veterans' Entitlements Act 1986 (Cth) ss 9(1), 13(1), 120, 120A(3), 196B(2) Byrnes v Repatriation Commission (1993) 177 CLR 564 cited Repatriation Commission v Deledio (1998) 83 FCR 82 followed Robertson v Repatriation Commission AAT 12666, 2 March 1998 cited REPATRIATION COMMISSION v TIMOTHY CORNELIUS N1555 OF 2001 BRANSON J 14 JUNE 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1555 OF 2001

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: TIMOTHY CORNELIUS

RESPONDENT

JUDGE: BRANSON

DATE OF ORDER: 14 JUNE 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal be set aside and the decision of the applicant affirmed.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1555 OF 2001

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: TIMOTHY CORNELIUS

RESPONDENT

JUDGE: BRANSON

DATE: 14 JUNE 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 This "appeal" from a decision of the Administrative Appeals Tribunal ("the Tribunal") arises under the Veterans' Entitlements Act 1986 (Cth) ("the Act"). It raises for consideration the process of reasoning by which the Tribunal is to determine the question whether material before it raises a reasonable hypothesis connecting a disease suffered by a veteran with the circumstances of the particular war service rendered by that veteran.