Repatriation Commission v Cedric Newson [2008] FCA 401

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Cedric Newson [2008] FCA 401

DEFENCE AND WAR - veteran's affairs – eligibility for receipt of pension – appeal from decision of the Administrative Appeals Tribunal that held that clinical onset of osteoarthrosis of the applicant's right hip and both knees had been war-caused - Veterans' Entitlements Act 1986 (Cth) ss 120, 120B STATUTORY INTERPRETATION – whether the Tribunal misconstrued and misapplied cll 5(j) and 5(k) of the Statement of Principles No 82 of 2001 – commencement date of period by which clinical onset of osteoarthrosis must have occurred – requirement in cl 4 of the Statement of Principles that the factors in cl 5 'must be related to any relevant service rendered by the person' - Veterans' Entitlements Act 1986 (Cth) s 196B Veterans' Entitlements Act 1986 (Cth) ss 120, 120B, 196A, 196B Repatriation Commission v Keeley (2000) 98 FCR 108 REPATRIATION COMMISSION v CEDRIC NEWSON NSD 1539 OF 2007

EDMONDS J

31 MARCH 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1539 OF 2007

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER ISENBERG AND DOCTOR TOH (MEMBER)

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: CEDRIC NEWSON

Respondent

JUDGE: EDMONDS J

DATE OF ORDER: 31 MArch 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1539 OF 2007

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER ISENBERG AND DOCTOR TOH (MEMBER)