Jakab v Repatriation Commission [2007] FCA 898

FEDERAL COURT OF AUSTRALIA

Jakab v Repatriation Commission [2007] FCA 898

VETERANS AFFAIRS – appeal from a decision of the Administrative Appeals Tribunal – consideration of whether the applicant contracted a defence‑caused disease, namely, Meniere's Disease – reference to the Statement of Principles – reference to the Standard of Proof – discussion of s 119(1)(h) of the Veterans' Entitlements Act 1986 (Cth) Veterans' Entitlements Act 1986, s 5D(2), s 68(1), s 69, s 70(1), s 70(5)(a), s 70(5)(d)(i), s 70(5)(d)(ii), s 119(1)(h), s 120(4), s 120B, s 196B(3), s 196B(14) Repatriation Commission v Smith (1987) 15 FCR 327 Repatriation Commission v Wedekind [2000] FCA 649 Lees v Repatriation Commission [2002] FCAFC 398 Re O'Brien and Repatriation Commission [2003] AATA 525 STEFAN GEORG JAKAB v REPATRIATION COMMISSION QUD323 OF 2005

GREENWOOD J

13 JUNE 2007

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD323 OF 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MS M J CARSTAIRS, MEMBER

BETWEEN: STEFAN GEORG JAKAB

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 13 JUNE 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application is dismissed. 2. The costs of and incidental to the application are reserved. 3. The applicant shall file and serve by 4.00pm, Tuesday, 19 June 2007 any comments or submissions in relation to the question of whether the applicant ought to be ordered to pay the costs of the respondent of and incidental to the application. 4. The respondent is to file and serve by 4.00pm, Tuesday, 26 June 2007 any submissions in relation to the question of costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA