Roncevich v Repatriation Commission [2005] HCA 40

HIGH COURT OF AUSTRALIA

McHUGH, GUMMOW, KIRBY, CALLINAN AND HEYDON JJ

JURE JACK RONCEVICH APPELLANT

AND

REPATRIATION COMMISSION RESPONDENT

Roncevich v Repatriation Commission

[2005] HCA 40

10 August 2005

D7/2004

ORDER

1. Appeal allowed.

2. Set aside the order of the Full Court of the Federal Court of Australia dated 30 June 2003 and, in place thereof, order that:

(a) the appeal be allowed;

(b) the order of Mansfield J in the Federal Court of Australia dated 2 December 2002 be set aside and, in place thereof, order that:

(i) the appeal be allowed;

(ii) the decision of the Tribunal be set aside; and

(iii) the matter be remitted to the Tribunal to be determined according to law.

3. The respondent is to pay the appellant's costs in the Federal Court, both at first instance and in the Full Court, and the appellant's costs of the appeal to this Court.

On appeal from the Federal Court of Australia

Representation:

D De Marchi for the appellant (instructed by Pipers)

P J Hanks QC with E Ford for the respondent (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Roncevich v Repatriation Commission

Repatriation pension – Whether injury arose out of or was attributable to defence service – Whether attendance at Mess function compulsory – Whether attendance at Mess function constituted defence service – Applicant injured as a result of falling from window due to intoxication.

Administrative law – Tribunal of the Commonwealth – Whether Administrative Appeals Tribunal gave reasons which conformed to law – Sufficiency of reasons – Whether perverse findings of fact constitute an error of law – Jurisdiction of Federal Court to disturb perverse findings of fact – Whether returning matter to the Administrative Appeals Tribunal would be futile – Whether High Court should substitute a finding on the facts.