Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McKenzie v Repatriation Commission (No 2) [2014] FCA 1007 Citation: McKenzie v Repatriation Commission (No 2) [2014] FCA 1007
Appeal from: McKenzie v Repatriation Commission [2013] AATA 216
Parties: DAWN WILKIE MCKENZIE v REPATRIATION COMMISSION
File number: VID 348 of 2013
Judge: MURPHY J
Date of judgment: 16 September 2014
Catchwords: ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal – veteran's entitlements – widow's pension claim – whether to remit the matter to the Tribunal – whether sufficient evidence before the Court to make factual finding that Statement of Principle supports the asserted hypothesis – whether appropriate to make factual finding under s 44(7) of the Administrative Appeals Act 1975 – whether evidence points to or supports the asserted hypothesis as reasonable – whether only one result is reasonably open
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Veterans' Entitlements Act 1986 (Cth)
Cases cited: Byrne v Repatriation Commission (2007) 97 ALD 359 Collins v Administrative Appeals Tribunal and Another (2007) 163 FCR 35 Comcare v Etheridge (2006) 149 FCR 522 Dixon v Repatriation Commission (1999) 59 ALD 315 Hall v Repatriation Commission [2007] FCA 2109 McKenzie v Repatriation Commission [2014] FCA 777 Repatriation Commission v Butcher (2007) 94 ALD 364 Repatriation Commission v Deledio (1998) 83 FCR 82
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