Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Money [2008] FCA 118
ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether disease was defence-caused – meaning of "inability to obtain appropriate clinical management" – no error in Tribunal's finding that there was an inability to obtain appropriate clinical management – no error in Tribunal's finding that respondent's idiopathic fibrosing alveolitis was defence-caused – application dismissed Veterans' Entitlements Act 1986 (Cth) ss 31, 70, 196B, 120, 120B Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 44 Repatriation Commission v Smith (1987) 15 FCR 327 cited Somerset v Repatriation Commission [2005] FCA 1399 distinguished Repatriation Commission v Wedekind [2000] FCA 649 considered Brew v Repatriation Commission (1999) 94 FCR 80 cited Baxter Healthcare Pty Limited v Comptroller-General of Customs (1997) 72 FCR 467 considered Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Federal Broom Company Pty Limited v Semlitch (1964) 110 CLR 626 considered Johnston v Commonwealth (1982) 150 CLR 331 cited Repatriation Commission v Bendy (1989) 10 AAR 323 cited REPATRIATION COMMISSION v DENNIS JOHN MONEY WAD 371 OF 2006
STONE J
4 march 2008
SYDNEY (HEARD IN PERTH)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 371 OF 2006
ON APPEAL FROM THE VETERANS' APPEAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A MEMBER
BETWEEN: REPATRIATION COMMISSION
Applicant
AND: DENNIS JOHN MONEY
Respondent
JUDGE: STONE J DATE OF ORDER: 4 march 2008
WHERE MADE: SYDNEY (heard in perth)
THE COURT ORDERS THAT:
1. The application is dismissed with costs. 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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