Streatfeild v Repatriation Commission [2006] FCA 984

FEDERAL COURT OF AUSTRALIA

Streatfeild v Repatriation Commission [2006] FCA 984

ADMINISTRATIVE LAW – veterans' entitlements – claim for pension by widow – whether veteran's death was war-caused – whether applicant demonstrated a reasonable hypothesis relating death to veteran's service – whether Tribunal engaged in impermissible fact-finding – whether Tribunal should have considered hypothesis as a whole – whether Tribunal failed to exercise discretion Held: There was no material whatsoever which pointed to the veteran having suffered a headache on the day of his accident, which was a crucial link in the applicant's hypothesis. The Tribunal was therefore entitled to conclude that this link was mere speculation and that the hypothesis as whole was not reasonable. Veterans' Entitlements Act 1986 (Cth) ss 8, 14(1), 120 Bull v Repatriation Commission (2002) 188 ALR 756 referred to Bushell v Repatriation Commission (1992) 175 CLR 408 referred to Byrnes v Repatriation Commission (1993) 177 CLR 564 referred to Cameron v Repatriation Commission (2003) 77 ALD 81 followed East v Repatriation Commission (1987) 16 FCR 517 referred to Lowerson v Repatriation Commission (1994) 50 FCR 252 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Ors (1996) 185 CLR 259 referred to Qualcast (Wolverhampton), Ltd v Haynes [1959] 2 All ER 38 referred to Repatriation Commission v Bey (1997) 79 FCR 364 applied Repatriation Commission v Deledio (1998) 83 FCR 82 referred to Repatriation Commission v Owens (1996) 70 ALJR 904 referred to Repatriation Commission v Webb (1998) 51 ALD 575 referred to BERYL STREATFEILD v REPATRIATION COMMISSION NSD 616 of 2006

COWDROY J 2 AUGUST 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 616 of 2006

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL