Byrnes v Repatriation Commission [1993] HCA 51

High Court of Australia Mason C.J. Gaudron and McHugh JJ. Byrnes v Repatriation Commission [1993] HCA 51

ORDER Appeal allowed with costs. Set aside the order of the Full Court of the Federal Court and in lieu thereof:

(i) allow the appeal to that Court with costs; and

(ii) remit the matter to the Administrative Appeals Tribunal for determination.

Cur. adv. vult.

The Court delivered the following written judgment:—

Sept. 15 Mason C.J., Gaudron and McHugh JJ.

The question in the appeal is whether the Administrative Appeals Tribunal, Veterans' Appeals Division ("the Tribunal") erred in law in holding that it was satisfied "beyond reasonable doubt, that there is no sufficient ground for determining that the [appellant's] cervical and thoracic spondylosis was war-caused" for the purposes of the Veterans' Entitlements Act 1986 Cth ("the Act").

Between 7 September 1942 and 21 September 1945, the appellant served in the Royal Australian Navy ("R.A.N."). He claims that he suffered injury to his neck on three occasions during the course of that service. These injuries are the basis of his claim that his present condition of cervical and thoracic spondylosis is causally connected with his war service. He alleges that the first injury occurred at Townsville in February 1943 while he was on day leave from his R.A.N. unit. He ricked his neck when he dived into a swimming pool "where there was an insufficiency of water". According to the appellant he spent four or five days in Townsville General Hospital with "pretty severe" neck pain. He was treated with liniments and other medication to relieve the pain. After he rejoined his unit, the pain in his neck persisted for some weeks, particularly when he was working in confined spaces. He alleges that his neck was again injured some time after April 1943 while he was trimming coal on a ship which rolled unexpectedly. On this occasion he was hit hard on the back of the head and neck by a piece of coal. As a result he suffered "terrible pain" at the back of his neck and across his shoulders. In 1945, he suffered another injury when he fell and hit his head and shoulders on the riveted bulkhead of a ship. This fall caused severe pain to his head and shoulders.