Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Delahunty v Repatriation Commission [2004] FCA 309
SOCIAL WELFARE AND SERVICES - VETERANS' AFFAIRS - appeal from decision of Administrative Appeals Tribunal - veterans' entitlements - disability pension - post traumatic stress disorder - psychiatric condition - service in the Royal Australian Navy - operation service in Korea - causal connection of psychiatric condition with operational service - war-caused injuries or diseases - factors in the relevant Statement of Principles - reasonable hypothesis - veteran's belief that the sinking of a sampan/junk killed women and children leading to post traumatic stress disorder - "experiencing a severe stressor" - "stressor" does not include totally irrational perception/baseless apprehension - consider the position and knowledge of the veteran - mixed subjective and objective test - Administrative Appeals Tribunal failed to apply correct definition of "extreme stressor" - (CTH) Veterans' Entitlement Act 1986 ss 9, 120, 120A - appeal allowed Veterans' Entitlement Act 1986 (Cth) Repatriation Commission v Deledio (1998) 83 FCR 82 applied Stoddart v Repatriation Commission (2003) 197 ALR 283 referred to Woodward v Repatriation Commission (2003) 200 ALR 332 discussed GRAHAM DELAHUNTY v REPATRIATION COMMISSION N1539 OF 2003 TAMBERLIN J SYDNEY 26 MARCH 2004
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1539 OF 2003
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: GRAHAM DELAHUNTY
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 26 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal is allowed with costs. 2. The decision of the AAT is set aside and the matter remitted to the AAT for determination in accordance with law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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