Paddon v Repatriation Commission [2010] FCA 1147

FEDERAL COURT OF AUSTRALIA

Paddon v Repatriation Commission [2010] FCA 1147 Citation: Paddon v Repatriation Commission [2010] FCA 1147

Appeal from: Paddon and Repatriation Commission [2010] AATA 470

Parties: RICHARD BARRATT PADDON v REPATRIATION COMMISSION

File number: QUD 294 of 2010

Judge: LOGAN J

Date of judgment: 22 October 2010

Catchwords: ADMINISTRATIVE LAW – Veterans' Affairs – Eligibility for receipt of pension – Appeal from decision of the Administrative Appeals Tribunal – Whether Tribunal correctly applied the test required by s 120 and s 120A of the Veterans' Entitlements Act 1986 (Cth) – Consideration of "category 2 stressors" for the purposes of the Statements of Principles drawn up under the Veterans' Entitlements Act 1986 (Cth) – Whether Tribunal erred in construing aspects of relevant Statements of Principles – Where errors of law were present – Whether remittal to Tribunal should be ordered – Where remittal would be futile as conclusions reached on "clinical onset" for the purposes of the Statements of Principles were not under challenge Held: Appeal dismissed – Answers favourable on questions of law is a necessary but not sufficient basis for remittal to the Tribunal - Concession as to "clinical onset" finding fatal with respect to remittal

Legislation: Veterans' Affairs (1994-1995 Budget Measures) Legislation Act 1994 (Cth) Veterans' Entitlements Act 1986 (Cth) ss 5AB, 120, 120A, 196A, 196B, 196M

Cases cited: Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Repatriation Commission v Deledio (1998) 83 FCR 82 considered Repatriation Commission v Stoddart (2003) 134 FCR 392 applied Repatriation Commission v Warren (2008) 167 FCR 511 cited Woodward v Repatriation Commission (2003) 131 FCR 473 cited