Stafford v Repatriation Commission [2002] FCA 989

FEDERAL COURT OF AUSTRALIA

Stafford v Repatriation Commission [2002] FCA 989

DEFENCE AND WAR– Veterans' entitlements - appeal from Administrative Appeals Tribunal affirming decision of Repatriation Commission – veteran's obesity found by Tribunal to be "disease" within s 9(1)(b) of Veterans' Entitlements Act 1986 (Cth) but no causal connection with operational service – no applicable Statement of Principles - failure by Tribunal to consider whether reasonable hypothesis existed WORDS AND PHRASES – "reasonable hypothesis" Veterans' Entitlements Act 1986 (Cth) ss 9(1)(b), 120(1) and (3) Repatriation Commission v Bey (1997) 79 FCR 364 at 366 applied Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1998) 79 ALR 267 at 276 applied Casarotto v Australian Postal Commission (1989) 86 ALR 399 at 276 cited Repatriation Commission v Tuite (1993) 39 FCR 540 applied Repatriation Commission v Deledio (1998) 83 FCR 82 at 96 applied TERRENCE OWEN STAFFORD v REPATRIATION COMMISSION T2 of 2002 HEEREY J 30 JULY 2002 HOBART

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T2 OF 2002

BETWEEN: TERRENCE OWEN STAFFORD

APPLICANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 30 JULY 2002

WHERE MADE: HOBART

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The decision of the Administrative Appeals Tribunal, to the extent that it found that the applicant's condition of obesity was not war-caused, is set aside and the matter is remitted to the Tribunal, differently constituted, for further hearing and determination. 3. The respondent pay the applicant's costs of the appeal, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.