Vock v Repatriation Commission [2005] FCA 967

FEDERAL COURT OF AUSTRALIA

Vock v Repatriation Commission [2005] FCA 967 VETERANS' ENTITLEMENTS – entitlement to disability pension - Repatriation Commission rejected appellant's claim that he suffered from social anxiety disorder –Administrative Appeals Tribunal affirmed decision of the Repatriation Commission – no applicable Statement of Principles – conflicting medical evidence – whether Administrative Appeals Tribunal had sufficiently set out its reasons for preferring the evidence of Dr Danesi over that of Dr Wainwright Veterans' Entitlements Act 1986 (Cth) s 120 Administrative Appeals Tribunal Act 1975 (Cth) s 43 Tate v Repatriation Commission [2003] FCA 1169 referred to Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Staunton-Smith v The Secretary of the Department of Social Security (1991) 32 FCR 164 referred to Dodds v Comcare Australia (1993) 31 ALD 690 applied Copperart Pty Ltd v Commissioner of Taxation (1993) 30 ALD 377 applied De Domenico v Marshall (1999) 94 FCR 97 cited Myralidharan v Minister for Immigration and Ethnic Affairs (1996) 136 ALR 84 applied Commonwealth v Pharmacy Guild of Australia (1989) 91 ALR 65 referred to ERIC VOCK v REPATRIATION COMMISSION QUD 5 of 2004 TAMBERLIN J SYDNEY (HEARD IN BRISBANE) 14 JULY 2005

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 5 OF 2004

ON APPEAL FROM THE VETERANS' AFFAIRS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: ERIC VOCK

APPELLANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 14 JULY 2005

WHERE MADE: SYDNEY (HEARD IN BRISBANE)

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The orders of the Administrative Appeals Tribunal made on 18 December 2003 are set aside. 3. The matter is remitted to the Administrative Appeals Tribunal for further consideration in accordance with law. 4. The respondent is to pay the costs of the appellant of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.