Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Sergeant [2007] FCA 1408
VETERANS ENTITLEMENTS – appeal from the Administrative Appeals Tribunal – application of the four-step test articulated by the Full Court of the Federal Court in Repatriation Commission v Deledio (1998) 83 FCR 82 – Tribunal did not identify the relevant hypothesis – even if hypothesis could be identified all the links in the hypothesis were not supported by Statements of Principles – conceded by the respondent's counsel – guidance for the Tribunal in rehearing the matter COSTS–whether the Court should exercise its discretion pursuant to section 6 Federal Proceedings (Costs) Act 1981 (Cth) to grant a costs certificate – relevance of respondent's husband being a war veteran – whether new issue of law arose – whether costs limited by respondent's concessions – timing of concessions Held: Appeal allowed. The matter be remitted for hearing. No costs certificate granted. The respondent pay the applicant's costs of the appeal.
Federal Proceedings (Costs) Act 1981 (Cth) s 6 Veterans' Entitlements Act 1986 (Cth) s 9
McKenna v Repatriation Commission (1999) 86 FCR 144 applied Repatriation Commission v Cornelius [2002] FCA 930 referred to Repatriation Commission v Deledio (1998) 83 FCR 82 applied REPATRIATION COMMISSION v JOYCE SERGEANT QUD111 OF 2007
COLLIER J
10 SEPTEMBER 2007
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD111 OF 2007
BETWEEN: REPATRIATION COMMISSION
Applicant
AND: JOYCE SERGEANT
Respondent
JUDGE: COLLIER J DATE OF ORDER: 10 SEPTEMBER 2007
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The decision of the Tribunal whereby the Tribunal set aside the decision of the Veterans' Review Board made on 22 November 2005 and decided "that the death of the late Mr Charles Sergeant is war-caused within the meaning of s 9 of the Veterans' Entitlements Act 1986" be set aside. 2. The matter be remitted to the Tribunal to have the question whether the death of the late Mr Charles Sergeant is war-caused heard and decided again. 3. The respondent pay the applicant'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
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