Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hardman v Repatriation Commission [2004] FCA 1174 VETERANS' ENTITLEMENTS – pension – claim by veteran that he sustained depressive disorder during operational service in the navy – whether Administrative Appeals Tribunal engaged in fact-finding at the stage of "step 3" in the Deledio test – Veterans' Entitlements Act 1986 (Cth) – relationship between ss 120(1), 120(3) and 120A(3) considered. Veterans' Entitlements Act 1986(Cth) Repatriation Commission v Deledio (1998) 83 FCR 82 considered Bull v Repatriation Commission (2001) 188 ALR 156 referred to Repatriation Commission v O'Brien (1985) 155 CLR 422 referred to Bushell v Repatriation Commission (1992) 175 CLR 408 considered Commissioner for Government Transport v Adamcik (1961) CLR 292 referred to Byrnes v Repatriation Commission (1993) 177 CLR 564 considered Repatriation Commission v Owens (1996) 70 ALJR 904 considered Elliott v Repatriation Commission (2002) 73 ALD 377 referred to Cameron v Repatriation Commission (2002) 73 ALD 377 referred to Arnott v Repatriation Commission [2001] FCA 262, 106 FCR 83 referred to GARY JAMES HARDMAN v REPATRIATION COMMISSION N 437 of 2004 HILL J 14 SEPTEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 437 OF 2004
BETWEEN: GARY JAMES HARDMAN
APPLICANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGE: HILL J
DATE OF ORDER: 14 SEPTEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondent's costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 437 OF 2004
BETWEEN: GARY JAMES HARDMAN
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